Case: 21-2209 Document: 34 Page: 1 Filed: 06/29/2022 United States Court of Appeals for the Federal Circuit ______________________ MEENAXI ENTERPRISE, INC., Appellant v. COCA-COLA COMPANY, Appellee ______________________ 2021-2209 ______________________ Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board in Nos. 92063353, 92064398. ______________________ Decided: June 29, 2022 ______________________ RICHARD MANDEL, Cowan, Liebowitz & Latman, PC, New York, NY, argued for appellant. HOLLY HAWKINS SAPORITO, Alston & Bird LLP, At- lanta, GA, argued for appellee. Also represented by KIRK T. BRADLEY, Charlotte, NC. ______________________ Before DYK, REYNA, and STOLL, Circuit Judges. Opinion for the court filed by Circuit Judge DYK. Case: 21-2209 Document: 34 Page: 2 Filed: 06/29/2022 2 MEENAXI ENTERPRISE, INC. v. THE COCA-COLA COMPANY Opinion concurring in the result filed by Circuit Judge REYNA. DYK, Circuit Judge. The Coca-Cola Company (“Coca-Cola”) distributes a Thums Up cola and Limca lemon-lime soda in India and other foreign markets. Meenaxi Enterprise, Inc. (“Meenaxi”) has distributed a Thums Up cola and a Limca lemon-lime soda in the United States since 2008 and regis- tered the THUMS UP and LIMCA marks in the United States in 2012. Coca-Cola brought cancellation proceed- ings under § 14(3) of the Lanham Act, 15 U.S.C. § 1064(3), asserting that Meenaxi was using the marks to misrepre- sent the source of its goods. The Trademark Trial and Ap- peal Board (“Board”) held in Coca-Cola’s favor and cancelled Meenaxi’s marks. Meenaxi appeals. Because we conclude that Coca-Cola has not established a statutory cause of action based on lost sales or reputational injury, we reverse. BACKGROUND I Coca-Cola began operating in India in 1950. Parle (Ex- ports), Limited of Bombay, India (“Parle”) introduced the Thums Up cola in India in 1977 and the Limca lemon-lime soft drink in India in 1971. Coca-Cola purchased Parle in 1993 and acquired Parle’s Indian registrations of the THUMS UP and LIMCA marks. Coca-Cola’s beverages are available in over 2.6 million retail outlets throughout In- dia. Thums Up cola is also sold in Bangladesh, Oman, Sin- gapore, and the United Arab Emirates, and Limca soda is also sold in Angola, Nigeria, Sri Lanka, Bhutan, Oman, Singapore, and the United Arab Emirates. The Indian High Court of Delhi found in 2014 that the THUMS UP mark was “famous” and “well known” in India, J.A. 3165, 3174, and previously found in 2011 that the LIMCA mark was “well known” in India, J.A. 3256, 3258. Case: 21-2209 Document: 34 Page: 3 Filed: 06/29/2022 MEENAXI ENTERPRISE, INC. v. THE COCA-COLA COMPANY 3 Coca-Cola claims that its Thums Up and Limca bever- ages have been imported and sold in the United States by third parties who purchased the products in India since at least 2005. Michael Pittman, Marketing Director for Spar- kling Brands Platform Innovation at Coca-Cola, stated that authentic “Thums Up and Limca products are resold by third parties in Indian grocery stores, restaurants, and other retail outlets in the U.S.” J.A. 3590 ¶ 15. Shrenik Dasani, Vice President for the Sparkling Category at Coca- …
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