Chemeon Surface Technology LLC v. Metalast International, Inc.
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…