Kira-Khanh McCarthy: "The Curtain Falls on the RAPUNZEL Opposition: Law Professor Is Not Entitled to a Statutory Cause of Action"

The latest issue of the American Bar Association's Landslide Magazine includes an article by Wolf Greenfield's own Kira-Khanh McCarthy: "The Curtain Falls on the RAPUNZEL Opposition: Law Professor Is Not Entitled to a Statutory Cause of Action." You will recall that Law Professor Rebecca Curtin filed an opposition to registration of the mark RAPUNZEL for dolls. Applicant United Trademark Holdings, Inc., moved to dismiss the opposition for lack of "standing" on the ground that Professor Curtin is merely a consumer and not a toy manufacturer or competitor. Ms. McCarthy's article tells what happened at the TTAB and offers her insights as to the ramifications of the Board's ruling.

Update: On July 5, 2023, Professor Curtin filed a notice of appeal to the U.S. Court of Appeals for the Federal Circuit. Her opening brief is due on November 20, 2023. Meanwhile, the George Washington University Law School Intellectual Property & Technology Law Clinic has filed an amicus brief in support of Professor Curtin. [pdf here]. Stay tuned.

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TTABlogger comment: FWIW: I think the CAFC will reverse.

Text Copyright John L. Welch 2023.