Opinion

Lipton Industries, Inc. v. Ralston Purina Co.

  • 670 F.2d 1024
  • 213 U.S.P.Q. (BNA) 185
  • 1982 CCPA LEXIS 185
Court
Court of Customs and Patent Appeals
Filed
Feb 18, 1982
Status
Published
Author
Markey
On the bench
Markey, Nies
Cited by
273 cases
Authority
More cited than 19.2%

explaining that while “the legitimacy of the petitioner’s activity from which its interest arises will be presumed in the absence of evidence to the con- trary,” a party may “of course, seek to attack the legitimacy of [an] application or in some other way negate appellee’s interest”

How later courts described this case

  • explaining that while “the legitimacy of the petitioner’s activity from which its interest arises will be presumed in the absence of evidence to the con- trary,” a party may “of course, seek to attack the legitimacy of [an] application or in some other way negate appellee’s interest”
  • entertaining a cancellation petition premised on the registrant’s abandonment of his mark under Section 14(3
  • holding that admission contained in an answer was binding, despite the fact that it was made “on information and belief’
  • “Standing having been established, petitioner is entitled to rely on any statutory ground which negates appellant’s right to the subject registration and may invoke the general public interest in support of its claim.”

Written by the judges who cited it.

The opinion

MARKEY, Chief Judge,

concurring.

I agree that standing is a threshold consideration. If the facts pleaded show standing, the pleader is in court. Those facts must thereafter be proved, but at the pleading stage they need only be “capable of proof at trial.” United States v. Students Challenging Regulatory Agency Procedures, 412 U.S. 669, 689 , 93 S.Ct. 2405, 2416 , 37 L.Ed.2d 254 (1973). The facts establishing standing were proved here. That to me ends our consideration of the standing issue. Because I am not aware of an instance in which the board has sustained standing on the basis of unproven *1032 allegations, or in which it has canceled a registration on the basis of mere allegations, I see no reason to discuss its past decisions. Nor, for the same reason, do I view the board’s approach as shifting the burden.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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