đâď¸ Louis xiv, WHO DAT?The Great Fleur-de-Lis Faceoff
As trademark attorneys, we love when a case gives us both a good laugh and a solid legal takeaway. Bringing together French royalty, NFL fandom, and trademark lawâbasically, my idea of a good timeâthe Court of Appeals for the Federal Circuit shut down an attempt to dethrone the New Orleans Saintsâ claim to their iconic fleur-de-lis based on lack of standing.
The Royal Challenge
Michel Messier, a Vermont man claimed royal pedigree: a direct descendant of the Kings of France, Scotland, Aragon, and Castile. Apparently emboldened by his blue blood and what he described as his familyâs âintellectual property rightsâ to the fleur-de-lis, âď¸, Messier decided to challenge the Saintsâ registered trademark of the symbol. Losing at the Trademark Trial and Appeal Board, he appealed to the Federal Circuit.
The Mark in Question
The fleur-de-lis, âď¸ a stylized lily long associated with French royalty, has been the emblem of the New Orleans Saints since they joined the NFL in 1967. The team secured federal trademark registration for it way back in 1974, under Reg. No. 992,210. Theyâve used it in connection with their entertainment services ever sinceânamely, playing football and keeping New Orleans fans on a rollercoaster of emotion every season.
Standing: You have to Show Some Skin in the Game
The Trademark Trial and Appeal Board wasn't moved by Messier's royal lineage. While weâre all for a good crown-and-scepter moment, trademark law requires something a little more concrete than being the âcousin of Louis XIV.â Under trademark law, only someone with a commercial interest in a mark or a reasonable belief theyâre being harmed by it can file a cancellation petition. In plain English (since I cannot speak French, ask firm co-founder John Bathke for that: if youâre not using the mark in business, you're out of luck.
The Board gave Messier a chance to amend his petition. When he did, he still didnât allege any business use of the fleur-de-lis. No products. No services. No licensing deals. He came up short.
No Injury, No Standing
When Messier took his claims to the Federal Circuit, the court brought the hammer down. To appeal a TTAB decision in federal court, you need Article III standing, even if you do not necessarily need it at the administrative level. This means showing:
A real injury (not a hypothetical one),
Caused by the thing youâre complaining about, and
That a court ruling can fix it.
Unfortunately for Messier, the only injury he cited was his bruised noble pride.
He didnât claim to compete with the Saints. He didnât claim to make money from the fleur-de-lis. He didnât even allege that heâd tried to register or use a competing mark. His hopes of someday licensing fleur-de-lis-themed goods were too speculative to satisfy the court.
As a result, the Saints keep their fleur-de-lisâand their spot in the both the Superdomeâs and trademark endzone.
Lessons from the Gridiron
What can we learn from this clash of crowns and cleats?
Standing matters: Trademark disputes arenât the place for theoretical injuries or family pride. You need commercial interest or actual harm to bring a fight.
History â ownership: Just because a symbol has been in your family crest since the 14th century doesnât mean you own it in the trademark sense. Use it in commerceâor prepare to lose your claim.
Even kings need evidence: Courts donât care about claims to the throne. They care about whatâs in the recordâbusiness use, commercial impact, and actual rights.
Final Thoughts
If youâre thinking about challenging a markâespecially one that's been used in commerce for decadesâbe prepared to show how it affects your business, not just your ancestry.
Need help navigating a trademark dispute? Whether youâre royalty or just feeling regal, weâve got your back. You can contact us Here.
Case: Messier v. New Orleans Saints, Case No. 2024-2271 (Fed. Cir. Apr. 14, 2025) (non-precedential)