MARIN PARTNERS v. HEAVEN HILL DISTILLERIES, INC. , No. 23-1624 (Fed. Cir. 2023)

 Annotate this Case
Download PDF
Case: 23-1624 Document: 27 Page: 1 Filed: 08/17/2023 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ MARIN PARTNERS, dba marin partners, Appellant v. HEAVEN HILL DISTILLERIES, INC., dba The Wine Group, Appellee KATHERINE K. VIDAL, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Intervenor ______________________ 2023-1624 ______________________ Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board in No. 92077885. ______________________ ON MOTION ______________________ Before CHEN, MAYER, and STOLL, Circuit Judges. PER CURIAM. ORDER Case: 23-1624 2 Document: 27 MARIN PARTNERS Page: 2 Filed: 08/17/2023 v. HEAVEN HILL DISTILLERIES, INC. The Director of the United States Patent and Trademark Office (PTO) moves for leave to intervene in this appeal and to remand to permit further proceedings before the PTO Trademark Trial and Appeal Board. Marin Partners opposes those requests. The Director replies. Remand “is usually appropriate” to allow an agency to reconsider its previous position. SKF USA Inc. v. United States, 254 F.3d 1022, 1029 (Fed. Cir. 2001). We agree that remand is appropriate under the circumstances here, which may facilitate this court’s review and preserve judicial resources. Accordingly, IT IS ORDERED THAT: (1) The Director’s motion is granted. The revised official caption is reflected in this order, and the case is remanded to the Board for further proceedings consistent with the motion and this order. (2) Each side shall bear its own costs. FOR THE COURT August 17, 2023 Date /s/ Jarrett B. Perlow Jarrett B. Perlow Clerk of Court

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.