No. 23-63

San Diego County Credit Union v. Citizens Equity First Credit Union

Lower Court: Ninth Circuit
Docketed: 2023-07-24
Status: Denied
Type: Paid
Tags: 15-usc-1119 cardinal-chemical circuit-split invalidity jurisdiction non-infringement patent-and-trademark-office summary-judgment trademark-cancellation trademark-disputes trademark-law
Key Terms:
SocialSecurity Patent Trademark JusticiabilityDoctri Jurisdiction
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether a finding of non-infringement moots a claim for trademark invalidity

Question Presented (OCR Extract)

question presented is: Whether a_ district court’s finding that a trademark has not been infringed by itself moots any request for a declaration that the trademark is invalid unless the party seeking the declaration presents additional evidence demonstrating that the invalidity claim is not moot. ii Question 2: When a trademark dispute involves marks registered with the United States Patent and Trademark Office, one party may seek to cancel the other party's mark. 15 U.S.C. § 1119 explicitly provides. district courts authority to order cancellation “[i]Jn any action involving a registered mark... .” The question presented is: Where jurisdiction for a cancellation counterclaim has been established under 15 U.S.C. § 1119, whether a court’s disposal of the non-infringement claims involving the registered mark on summary judgment divests the court of jurisdiction to decide the cancellation counterclaim (i) pending before the court in the same summary judgment motion or (i) at trial.

Docket Entries

2023-10-02
Petition DENIED.
2023-09-06
DISTRIBUTED for Conference of 9/26/2023.
2023-08-31
Reply of petitioner San Diego County Credit Union filed. (Distributed)
2023-08-23
Brief of respondent Citizens Equity First Credit Union in opposition filed.
2023-07-20
Petition for a writ of certiorari filed. (Response due August 23, 2023)

Attorneys

Citizens Equity First Credit Union
James Wilson Dabney — Respondent
James Wilson Dabney — Respondent
San Diego County Credit Union
Martin Randall BaderSheppard, Mullin, Richter & Hampton LLP, Petitioner
Martin Randall BaderSheppard, Mullin, Richter & Hampton LLP, Petitioner