Corcamore, LLC v. SFM, LLC

1st Question. Whether this Court’s Lexmark test is the sole determinant of the statutory power of the Trademark Trial and Appeal Board to adjudicate a § 1064 to cancel a trademark registration, or can the Federal Circuit’s make its “real interest” and “reasonable belief” approach an optional, more lenient to plead for the statutory remedy. Whether the Federal Circuit panel erred in its decision (i) that does not adhere to this Court’s Lexmark precedent, and (ii) that also conflicts with the Fourth Circuit’s decision on the interpretation and application of the same statutory standard that applies to pleading for the remedy created in Section § 1064 of the Lanham Act. 2nd Question. Can the Trademark Trial and Appeal Board, an Article I administrative tribunal, endow itself with “inherent authority,” not conferred by rule or statute, and use that to impose a punitive sanction on a party. If the Trademark Trial and Appeal Board can impose a punitive terminating sanction, for reasons unrelated to trademark registerability, then must that administrative tribunal provide at least the same due process protections as an Article III court.