Attorney Does Not Have Standing to Challenge IP He Finds “Demeaning” to Animals

An attorney who has challenged the intellectual property of a restaurant known for displaying a herd of goats grazing on its roof does not have standing to pursue the challenge, the Federal Circuit has affirmed. The attorney, Todd Bank, petitioned to cancel the restaurant’s trade dress on the basis that it was “demeaning” to the goats and injures the “respect, dignity, and worth of animals.” The Federal Circuit, affirming the decision of the Trademark Trial and Appeals Board, found that Bank did not “suggest he maintained a direct and personal stake in the outcome” of the case and was ordered to pay the restaurant’s attorney fees for filing a “frivolous” appeal.