The existence of a contractual relationship between the two parties was not a prerequisite to the power of the district court to adjudicate the breach of contract claim.

Whether the assignment of a trademark for a brand of children’s products was valid was a question of contractual standing rather than Article III standing, the U.S. Court of Appeals for the Second Circuit ruled in vacating and remanding a district court’s decision to dismiss the purported trademark owner’s lawsuit for lack of subject-matter jurisdiction. The trademark owner satisfied the requirements for Article III standing (SM Kids, LLC v. Google LLC, June 25, 2020, Parker, B).

Case date: 25 June 2020
Case number: No. 19-2547-cv
Court: United States Court of Appeals, Second 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Your email address will not be published.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 *