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.


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