Overpleaded Opposition Supports DJ Motion

Can a Notice of Opposition in the U.S. Patent and Trademark Office Trademark Trial and Appeal Board give rise to an actual controversy under the Declaratory Judgment Act to support a trademark Applicant's federal declaratory judgment action against the Opposer? Generally, it can't ' or more accurately, it doesn't. But in <i>Neilmed Products, Inc. v. Med-Systems, Inc.</i>, the Northern District of California found that the Notice of Opposition pleaded detailed factors relevant to liability for trademark infringement and dilution.

19 minute readMarch 27, 2007 at 11:29 AM
By
Jane Shay Wald
Overpleaded Opposition Supports DJ Motion

Can a Notice of Opposition in the U.S. Patent and Trademark Office ('PTO') Trademark Trial and Appeal Board ('TTAB') give rise to an actual controversy under the Declaratory Judgment Act

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