Supreme Court of the United States · Official docket →
Branded LLC v. Andrei Iancu, Director, United States Patent and Trademark Office
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2018-1828 · judgment April 8, 2019
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Federal Circuit decision below, a petition filed soon after the judgment below, and a business petitioner.
Question presented
I. Whether the Federal Circuit test impermissibly categorizes “descriptive” marks as unprotectable “generic” marks, on the basis of the mark describing the article of trade, its qualities, ingredients, or characteristics. II. Whether the Trademark Trial and Appeal Board impermissibly ignored their holdings in prior registration, which had been litigated ex parte before registering to the principal register, when there is no evidence of changes in circumstances surrounding the mark, the market, or the relevant public.
Counsel of record
For petitioner
Rick Louis Brunner
The Brunner Firm Co., LPA
For respondent
Noel John Francisco
Jones Day
Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 7, 2019 · Certiorari denied
Proceedings
- Oct 07 2019Petition DENIED.
- Jul 31 2019DISTRIBUTED for Conference of 10/1/2019.
- Jul 22 2019Waiver of right of respondent Andrei Iancu, Director, United States Patent and Trademark Office to respond filed.
- Jul 08 2019Petition for a writ of certiorari filed. (Response due August 8, 2019)