Curtin v. United Trademark Holdings, Inc

Authored by: Jeremy J. Gustrowsky

In a recent decision, the Federal Circuit affirmed that ordinary consumers do not have the right to oppose trademark registrations simply because they dislike the potential marketplace effects. The case, Curtin v. United Trademark Holdings, Inc., centered on Rebecca Curtin, a doll collector and mother, who tried to block United Trademark Holdings’ (UTH) application to register “RAPUNZEL” as a trademark for dolls and toy figures. Curtin argued that allowing the registration would limit competition, raise prices, and stifle creativity for Rapunzel-themed toys.

The court, however, ruled that Curtin, as a consumer, was not entitled to bring this challenge. The court applied the “Lexmark framework,” which requires that a challenger’s interests fall within the “zone of interests” protected by the trademark law and that any alleged harm is directly caused by the registration. The Federal Circuit found that the legal grounds Curtin relied on—claims that the mark was generic, descriptive, or failed to function as a trademark—are meant to protect commercial interests, not consumer interests. Essentially, only those with a commercial stake, such as competitors or sellers, are entitled to oppose a trademark registration on these grounds.

The court also found that Curtin’s claimed harms, such as higher prices or reduced competition, were too speculative and indirect. These alleged injuries would first be suffered by commercial actors, like other doll makers, before possibly affecting consumers like Curtin. The court emphasized that trademark law, while ultimately benefiting consumers, provides legal remedies primarily for commercial actors.

This decision clarifies that consumers, even those with strong opinions or marketplace participation, cannot use the opposition process to challenge trademark registrations unless they can show a direct commercial interest. The ruling sets a clear boundary on who can participate in trademark disputes before the United States Patent and Trademark Office.