In this proceeding seeking cancellation of a registration for
the mark PURISIMA & Design for wine,
Respondent Transcend moved for summary judgment on two grounds:
that Petitioner Spanishtown (1) is prohibited from seeking
cancellation because it is suspended from doing business in its
state of incorporation, and (2) lacks "standing" to
assert the alleged date of first use underlying its Section 2(d)
claim because the mark was used by two individuasl who are not
parties to this proceeding. The Board denied the motion.
Spanishtown Enterprises, Inc. v. Transcend Resources,
Inc., Cancellation No. 92070340 (November 23, 2020)
[precedential] (Order by the Board).
"Standing": The Board first observed
that the CAFC, in Australian Therapeutics, recently
pointed out that the inquiry regarding "standing"
"is more accurately referred to as an entitlement to a
statutory cause of action." Even more recently, the CAFC, in
Corcamore, ruled that the proper analytical framework
