SHAMMAS v. FOCARINO

No. 14-1191.

784 F.3d 219 (2015)

Milo SHAMMAS, Plaintiff-Appellant, v. Margaret A. FOCARINO, Commissioner of Patents, Defendant-Appellee, and David Kappos, Director of the United States Patent and Trademark Office; Teresa Stanek Rea, Acting Director of the United States Patent and Trademark Office, Defendants. International Trademark Association, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 23, 2015.


Attorney(s) appearing for the Case

ARGUED: Aaron M. Panner, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, D.C., for Appellant. Jaynie Randall Lilley, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: William C. Steffin,   Armin Azod, Steffin Lelkes Azod LLP, Century City, California; Wendy McGuire Coats, McGuire Coats LLP, Lafayette, California; W. Joss Nichols, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, D.C.; John N. Jennison, Jennison & Shultz, P.C., Arlington, Virginia, for Appellant. Nathan K. Kelley, Solicitor, Thomas W. Krause, Deputy Solicitor, Christina J. Hieber, Associate Solicitor, Thomas L. Casagrande, Associate Solicitor, United States Patent And Trademark Office, Alexandria, Virginia; Stuart F. Delery, Assistant Attorney General, Mark R. Freeman, Civil Division, United States Department of Justice, Washington, D.C.; Dana J. Boente, Acting United States Attorney, Office Of The United States Attorney, Alexandria, Virginia, for Appellee. Anthony J. Dreyer,   Jordan A. Feirman,   Katelyn N. Andrews, Skadden, ARPS, Slate, Meagher & Flom LLP, New York, New York; Mark N. Mutterperl,   David J. Ball,   Jessica S. Parise, Bracewell & Giuliani LLP, New York, New York, for Amicus Curiae.

Affirmed by published opinion. Judge NIEMEYER wrote the majority opinion, in which Judge WILKINSON joined. Judge KING wrote a dissenting opinion.


The Lanham Act, 15 U.S.C. §§ 1051-1141n, provides that a dissatisfied trademark applicant may seek review of an adverse ruling on his trademark application either by appealing the ruling to the Court of Appeals for the Federal Circuit, id. § 1071(a)(1), or by commencing a de novo action in a federal district...

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