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Kroma Makeup EU, LLC v. Kimberly Kardashian, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 17-14211-FF · judgment April 1, 2019

Certiorari denied · October 15, 2019
Pre-decision estimate: 5% cert probability (95% interval 3%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and a business petitioner.

Question presented

W hether the proper analytical framework for determining standing to pursue trademark infringement (i.e., false association) claims under § 43(a) of the Lanham Act is: (1) the factors set forth in Lexmark International, Inc. v. Static Control Components, Inc. (“Lexmark”), 572 U.S. 118, 133-34 (2014), as adopted by the Fourth Circuit; (2) the more expansive “reasonable interest” test employed by the First, Fifth, Seventh, and Ninth Circuits; or (3) the more restrictive “rights in the name” test, as applied by the Eleventh Circuit in this and prior cases.

Counsel of record

For petitioner
Cullin A. O'Brien
Cullin O’Brien Law, PA

For respondent
Michael J. Kump
Kinsella Weitzman Iser Kump & Aldisert LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 15 2019
    Petition DENIED.
  2. Sep 25 2019
    DISTRIBUTED for Conference of 10/11/2019.
  3. Sep 10 2019
    Waiver of right of respondents Kimberly Kardashian, et al. to respond filed.
  4. Sep 03 2019
    Petition for a writ of certiorari filed. (Response due October 7, 2019)