Chemeon Surface Technology LLC v. Metalast International, Inc.

Good Law
United States Court of Appeals for the Ninth CircuitMay 1, 202423-15291California652 words

Opinion

Opinion

facts and recount them here only as necessary. We affirm.

1. “The judicial power granted to us by the Constitution is limited to resolving

actual cases or controversies.” San Diego Cnty. Credit Union v. Citizens Equity

First Credit Union, 65 F.4th 1012, 1022 (9th Cir. 2023) (citing Spokeo, Inc. v.

Robins, 578 U.S. 330, 337 (2016); U.S. Const. art. III, § 2). To have standing, a

party must demonstrate “an ‘injury in fact’ that is ‘concrete and particularized’ and

‘actual or imminent, not conjectural or hypothetical.’” Id. at 1022–23 (quoting

Lujan v. Defs. of Wildlife, 504 U.S. 555, 560–61 (1992)). That injury in fact must

be “‘causally connected’ and ‘fairly traceable’ to ‘the conduct complained of’ and

. . . ‘likely as opposed to merely speculative,’ such that ‘the injury will be redressed

by a favorable decision.’” Id. at 1023.

A party has standing to challenge the validity of a trademark where the owner

of the mark “was allegedly pressing an invalid trademark to halt [the party’s]

legitimate business activity.” Already, LLC v. Nike, Inc., 568 U.S. 85, 92 (2013)

(citing MedImmune, Inc. v. Genentech, Inc., 549 U.S. 118, 126–137 (2007)) (“[A]

genuine threat of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.