Gilbert Lerma, Jr. v. Stylistics L.A. Car Club

MEMORANDUM

Jorge Luis Ramirez and his company, Stylistics Los Angeles Car Club, Inc., appeal the district court’s default judgment canceling then- federal trademark registration. Appellants’ primary contention is that the district court had jurisdiction to only review the decision of the Trademark Trial and Appeal Board (TTAB) and not independently rule on trademark infringement claims. But although the TTAB’s findings may indeed be challenged in district court, see 15 U.S.C. § 1071 (b), nothing prevents' a court from adjudicating an infringement action under the general provisions of the Lanham Act, see 5 U.S.C § 1119. The only effect the TTAB’s decision may have on district court proceedings is through the doctrine of issue preclusion, see B & B Hardware, Inc. v. Hargis Indus., Inc., — U.S. -, 135 S.Ct. 1293, 1299, 1310 , 191 L.Ed.2d 222 (2015), which is non-jurisdictional.

Appellants next argue that the district court erred in directing the U.S. Patent and Trademark Office to revoke their trademark registration because such relief was not requested in the complaint, as required under Federal Rule, of Civil Procedure 54(c). But the complaint did request both an injunction…