Messier v. New Orleans Louisiana Saints, LLC
24-2271
Fed. Cir.Apr 14, 2025Background
- The New Orleans Saints, an NFL team, have held a registered trademark for a stylized fleur-de-lis symbol since 1974, used in connection with professional football entertainment services.
- Michel Messier, claiming descent from French royalty and alleged family intellectual property rights in the fleur-de-lis, petitioned to cancel the Saints' registration of this mark.
- Messier did not allege any current commercial use of the fleur-de-lis mark by himself or his family, nor any business activity or revenue associated with such marks.
- The Trademark Trial and Appeal Board (TTAB) dismissed Messier’s petition for lack of standing, citing insufficient allegations of commercial interest or likely injury.
- Messier appealed the TTAB’s dismissal to the Federal Circuit.
- The Federal Circuit dismissed the appeal, finding Messier lacked Article III standing due to his failure to allege a concrete, particularized injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to petition for cancellation of mark | Messier claims inherited intellectual rights to fleur-de-lis | Saints argue Messier has no commercial interest or injury | Messier lacks standing |
| Sufficiency of injury for Article III standing | Messier asserts familial and historical connection to mark | Saints point to lack of commercial activity or competitive harm | No concrete injury shown |
| Amended petition’s adequacy | Messier alleges hypothetical future licensing | Saints rebut absence of present use or actual business operations | Amended petition insufficient |
| Jurisdiction of the Federal Circuit | Appellate jurisdiction lies after Board’s decision | Jurisdiction contingent on appellant’s standing | No jurisdiction without standing |
Key Cases Cited
- Consumer Watchdog v. Wis. Alumni Rsch. Found, 753 F.3d 1258 (Fed. Cir. 2014) (Article III standing is required for federal court review, not agency proceedings)
- Brooklyn Brewery Corp. v. Brooklyn Brew Shop, 17 F.4th 129 (Fed. Cir. 2021) (Party seeking cancellation must show real commercial interest or likelihood of harm)
- Starr Int’l Co. v. United States, 856 F.3d 953 (Fed. Cir. 2017) (Articulates standard for Article III standing)
- Lujan v. Defs. of Wildlife, 504 U.S. 555 (U.S. 1992) (Sets out the three elements required for standing under Article III)