Trademark Dispute Resolved Against Adidas by Church
In a recent turn of events, the U.S. Court of Appeals for the Federal Circuit has blocked sportswear giant adidas from registering a trademark that sounds confusingly similar to a trademark registered by the Christian Faith and Fellowship Church. This decision comes after a long-standing legal battle that began in 2009.
The church's trademarked fundraiser, "Add a Zero," encourages donors to add an extra zero at the end of their donation amounts. Adidas had attempted to register a federal trademark "Adizero" for its athletic footwear and apparel, but the application was denied due to the similarity with the church's trademark for merchandise such as shirts and caps.
However, it is important to note that this case is unrelated to the adidas trademark dispute with the Christian Faith and Fellowship Church. Similarly, it is separate from the 15-year legal battle to reclaim the Stoli trademark by Russia and the ongoing case involving Russia's state-owned company, Sojuzplodoimport (Союзплодоимпорт), and the SPI Group (Spirits International) over the Stoli and Stolichnaya trademarks in Belgium, the Netherlands, and Luxembourg.
The U.S. Patent and Trademark Office (USPTO) and courts generally require the use of a trademark to be public and ordinary in the course of trade, meaning consumers must be likely to recognize the trademark as a source identifier for the listed goods or services. The law distinguishes between non-use (which can lead to cancellation) and limited use. While small sales might suffice for some goods or services, mere token sales do not automatically satisfy the use-in-commerce requirement if they are not bona fide commercial activities from a consumer viewpoint.
In the case of the church's trademark, the USPTO's Trademark Trial and Appeal Board ("TTAB") cancelled the trademark for non-use because they concluded that the sale of two hats was too small ("de minimis") and should not count as "use in commerce." However, last week, the Federal Circuit ruled that even a small sale should count as "use in commerce." The case has been sent back to the TTAB for consideration of other arguments raised by adidas.
Understanding the nuances of trademark law is crucial for businesses aiming to protect their intellectual property across borders. Trademark protects the words, phrases, and logos used to identify the source of goods or services, distinguishing them from those of other entities. It is essential to ensure that trademarks are used in a genuine and bona fide way for them to qualify for federal registration, and this use cannot be merely token or minimal.
As the specifics of the trademark ownership in other countries are yet to be determined, this case remains ongoing. Businesses should take note of these complexities and seek legal advice to protect their intellectual property effectively.
Examples of social media platforms where businesses can engage with their customers and promote their products include Facebook, Messenger, Twitter, Pinterest, Linkedin, Whatsapp, and Email. These platforms can be valuable tools for businesses to build their brand and maintain consumer recognition, which is crucial in the world of trademark law.
- In the realm of business and finance, understanding the subtleties of trademark law is crucial for entities aiming to secure their intellectual property globally.
- Trademark disputes, such as the one between adidas and the Christian Faith and Fellowship Church, underline the necessity for businesses to ensure their trademarks are genuinely and bona fide used, avoiding token or minimal usage that could lead to cancellation.
