No. 21-513

Australian Leather Pty. Ltd., et al. v. Deckers Outdoor Corporation

Lower Court: Federal Circuit
Docketed: 2021-10-06
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: english-speaking-countries foreign-equivalents generic-term primary-significance registration-standard trademark-cancellation trademark-law trademark-protection
Latest Conference: 2021-12-03
Question Presented (from Petition)

1. Whether a term that is generic in the English-speaking foreign country from which it originated is ineligible for trademark protection in the United States.

2. Whether and, if so, how the "primary significance to the relevant public" standard in 15 U.S.C. § 1064(3) for determining whether a registered trademark has "become" generic applies where a term originated as generic before registration.

Question Presented (AI Summary)

Whether a term that is generic in the English-speaking foreign country from which it originated is ineligible for trademark protection in the United States

Docket Entries

2021-12-06
Petition DENIED.
2021-11-16
DISTRIBUTED for Conference of 12/3/2021.
2021-11-05
Brief amicus curiae of Government of the Commonwealth of Australia filed.
2021-10-04
Petition for a writ of certiorari filed. (Response due November 5, 2021)

Attorneys

Australian Leather Pty. Ltd., et al.
Seth P. WaxmanWilmer Cutler Pickering Hale and Dorr LLP, Petitioner
Government of the Commonwealth of Australia
Donald I BakerBaker & Miller PLLC, Amicus