United States: The Ninth Circuit Holds That Cancellation Of A Trademark Is A Remedy, Not A Cause Of Action

Waller Lansden Dortch & Davis, LLP attorney, Bob Felber, was recently published in the International Trademark Association's (INTA) Bulletin where he discussed, Airs Aromatics, LLC v. Victoria's Secret Stores Brand Management, Inc., Appeal No. 12-55276 (9th Cir. Feb. 28, 2014), a precedential Ninth Circuit decision analyzing Victoria's Secret's DREAM ANGELS trademarks. In this decision, the Ninth Circuit found that Section 37 of the Trademark Act, which provides courts with the authority to order a trademark cancellation, creates a remedy and not an independent basis for federal jurisdiction. The article may be accessed here.

Bob also serves as the Co-Chairman of the U.S./Canada Law and Practice Subcommittee of INTA.

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