FEDERAL TREASURY ENTERPRISE SOJUZPLODOIMPORT, AND OAO "MOSCOW DISTILLERY CRISTALL," Plaintiffs-Appellants, ZAKRYTOE AKTSIONERNOE OBSCHESTVO, "LIVIZ," Plaintiff, —v.— SPI SPIRITS LIMITED, SPI GROUP SA, YURI SHEFLER, ALEXEY OLIYNIK, ALLIED DOMECQ INTERNATIONAL HOLDINGS B.V., ALLIED DOMECQ SPIRITS & WINE USA, INC., DBA ALLIED DOMECQ SPIRITS, USA, WILLIAM GRANT & SONS USA, WILLIAM GRANT & SONS, INC., SPIRITS INTERNATIONAL B.V., FKA SPIRITS INTERNATIONAL N.V., Defendants-Appellees., 726 F.3d 62

Summary

HOLDINGS: [1]-A chartered entity of a foreign country did not have standing as an assignee to bring a trademark infringement action under § 32(1) of the Lanham Act, 15 U.S.C.S. § 1114(1), because there was no document in writing that assigned the trademarks, and there was no valid assignment since too many rights remained with the country; [2]-The entity did not have standing as an exclusive licensee because the definition of "registrant" under 15 U.S.C.S. § 1127 did not include licensee, and the license did not amount to an assignment; [3]-The entity did not have standing as a legal representative because the entity failed to allege that the country was legally incapable of representing itself; [4]-The entity could not deploy Fed. R. Civ. P. 17 to bypass the standing requirement of § 32(1); [5]-The entity's licensee did not have standing because the entity lacked standing.