9th Circ. Says Trademark Cancellation Not A Cause of Action

Law360, New York (March 6, 2014, 5:37 PM EST) -- The Ninth Circuit ruled last week that federal trademark law doesn't provide an independent cause of action for cancellation, affirming the dismissal of a suit seeking to kill trademarks Victoria's Secret holds for “Dream Angels.”

A company called Airs Aromatics had filed claims aimed at cancelling the lingerie giant's marks as part of a broader breach of contract suit, but when the entire case was dismissed, Airs Aromatics appealed only the cancellation claim.

Faced with reviving a case that would be, at that point, purely a...
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