Bracewell & Giuliani LLP along with attorneys from Skadden, Arps, Slate, Meagher & Flom LLP, filed an amicus curiae brief on behalf of the International Trademark Association (INTA) with the United States Court of Appeals for the Fourth Circuit.
The case concerned a district court’s novel holding that a trademark applicant seeking federal district court review of a Trademark Trial and Appeal Board (TTAB) determination in ex parte proceedings is required to pay the legal fees of the United States Patent and Trademark Office regardless of who ultimately prevails. INTA’s amicus brief argued that the district court’s decision runs counter to the long-standing “American Rule” that parties pay their own legal expenses, and that forcing trademark applicants to pay such fees would have a chilling effect on the use of an important, and Congressionally authorized, avenue for judicial review.
Attorneys involved in the brief include:
Partners: David J. Ball