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Tenth Circuit Applies MedImmune in Trademark Declaratory Judgment Action

The Filewrapper blog reports here on a recent 10th Circuit ruling that applies the Supreme Court's MedImmune declaratory judgment analysis in a trademark case. The court found that the interactions between the parties, coupled with five TTAB proceedings, were sufficient to satisfy the Article III "case or controversy" jurisdictional requirement. Surefoot LC v. Sure Foot Corp., Appeal No. 06-4294 (July 8, 2008).The 10th Circuit observed that the Supreme Court in MedImmune, Inc. v. Genentech, Inc., 127 S. Ct 764 (2007), "expressly rejected the 'reasonable apprehension of imminent suit' test on the ground that it imposed an additional hurdle inconsistent with the Court's Article III jurisdprudence." Although MedImmune was a patent case, the court found no reason why "the interpretation of the Declaratory Judgment Act's terms depends on the nature of the intellectual property right at issue, and nothing in MedImmune's analysis suggests one...continue to full post

Full post as published by The TTABlog on July 21, 2008 (boomark / email).