In her Law360 article, Chante Westmoreland examines a precedential Trademark Trial and Appeal Board decision holding that tribal sovereign immunity cannot be asserted as a defense in trademark cancellation proceedings. The ruling marks the first time the TTAB has directly addressed the issue and may influence how tribes approach intellectual property protection strategies.
Westmoreland explains how the TTAB relied on Federal Circuit precedent involving patent proceedings, concluding that trademark cancellation actions are more akin to agency review of government-issued rights than traditional civil litigation.
The article advises tribes and tribal counsel to evaluate trademark registration as a valuable but conditional protection, weighing the benefits of federal registration against the possibility of opposition and cancellation proceedings that can no longer be avoided through assertions of tribal sovereign immunity.
Read the full article here. (Subscription required)