Legal Opinion

Milo Shammas v. Margaret Focarino

Court of Appeals for the Fourth Circuit

Decided April 23, 2015No. 14-1191PublishedCited by 20 opinions

1Opinion of the Court

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

Judge KING wrote a dissenting opinion.

NIEMEYER, Circuit Judge:

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 court, id. § 1071(b)(1). If he elects to proceed in a district court and no adverse party opposed his application before…

2Cases cited22 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  3. Duncan v. WalkerSupreme Court of the United States · 2001
  4. TRW Inc. v. AndrewsSupreme Court of the United States · 2001
  5. Ruckelshaus v. Sierra ClubSupreme Court of the United States · 1983

17 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A. De C.V.District Court, District of Columbia · 2016
  2. Snyder's-Lance, Inc. v. Frito-Lay North America, Inc.Court of Appeals for the Fourth Circuit · 2021
  3. Nantkwest, Inc. v. IancuCourt of Appeals for the Federal Circuit · 2018
  4. RXD Media, LLC v. Ip Application Dev.District Court, E.D. Virginia · 2019
  5. Booking.com B.V. v. MatalDistrict Court, E.D. Virginia · 2017

15 more not listed; retrieve them via the Exa API.

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