San Diego County Credit Union v. Citizens Equity First Credit Union
SocialSecurity Patent Trademark JusticiabilityDoctri Jurisdiction
Whether a finding of non-infringement moots a claim for trademark invalidity
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.