Australian Therapetic Supplies Pty Ltd v. Naked TM LLC, 965 F.3d 1370 (Fed. Cir. 2020)
Jul 27, 2020OUTCOME: Reversed and remanded
Federal Circuit panel held that Petitioner Australian Therapeutic Pty. Ltd. had standing to challenge a registered Mark at the TTAB without establishing proprietary rights in the "Naked" mark for condo ... ms. The dissent challenged the majority's holding, citing the identical case law, stating that the holding would permit standing regardless of the grounds pleaded by the Petitioner. A Petition for Rehearing en Banc is pending.
