Michael Messier filed a Petition for Cancellation of the New Orleans Saints fleur-de-lis service mark, No. 992210 (“Saints Mark”). Mr. Messier asserted that he is a direct descendent of the Kings of France (Scotland, Aragon, and Castille) and that “he and his family own intellectual property rights in the Fleur-de-Lys, Orleans, and Saints marks.” However, the Petition contained no claim that he or his family currently use any fleur-de-lis mark in commerce or receive any revenues through licensing. The Trademark Trial and Appeal Board granted the Saints’ motion to dismiss as Mr. Messier failed to allege a commercial interest in the registered mark or reasonable belief in damage from the mark’s continued registration, which Mr. Messier appealed.
The Federal Circuit concluded that it lacked jurisdiction since Mr. Messier lacked standing. The Court noted that to cancel the Saints Mark, Mr. Messier must allege (1) an actual or imminent injury-in-fact that is concrete and particularized, (2) causal connection between injury and the conduct complained of, and (3) likely redressability by a favorable decision. However, he failed to satisfy this burden since he failed to allege that he is injured by the Saints Mark. To satisfy this injury requirement, the alleged injury must be more than a general grievance or abstract harm. The Court noted that Mr. Messier did not allege that he or his family make or offer for sale any products or services using the fleur-de-lis design. He did not allege that he is involved in any commercial entertainment services in connection with football or any other form of commerce where he uses the fleur-de-lis design. The Court concluded that Mr. Messier had not met his burden to show a concrete and particularized injury sufficient to have standing for this appeal. His allegations of hypothetical or future possible injury were insufficient to confer Article III standing.