An exclusive licensee that did not own the mark outright when the suit began lacked standing to sue for infringement.

An exclusive licensee of a trademark when a trademark infringement suit began—which only became the owner of the mark mid-litigation—lacked standing to bring a trademark infringement action, the U.S. Court of Appeals in New Orleans has held. In affirming the federal district court’s dismissal of Neutron Depot’s suit alleging infringement of the INSURANCE DEPOT mark against Bankrate, the Fifth Circuit concluded that Neutron Depot did not own the mark outright at any point when the infringement took place (Neutron Depot, LLC v. Bankrate, Inc., January 29, 2020, per curiam).

Case date: 29 January 2020
Case number: No. 18-51021
Court: United States Court of Appeals, Fifth Circuit

A full summary of this case has been published on Kluwer IP Law.


_____________________________

To make sure you do not miss out on regular updates from the Kluwer Trademark Blog, please subscribe here.


Kluwer IP Law

The 2021 Future Ready Lawyer survey showed that 81% of the law firms expect to view technology as an important investment in their future ability to thrive. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?

Learn how Kluwer IP Law can support you.

Kluwer IP Law
This page as PDF

Leave a Reply

Your email address will not be published. Required fields are marked *