Motorcycle Apparel Company’s Efforts to “Tack” Prior Use of “O” Mark Not Sufficient, Ninth Circuit Rules

more+
less-

“We venture into the world of motocross racing to determine whether federal trademark law protects a motorcycle apparel company's use of a stylized 'O' on its products.”

So begins the Ninth Circuit?s August 24, 2009, opinion in One Industries, LLC v. O’Neal Distributing, Inc., 2009 U.S. App. LEXIS 18967 (9th Cir. August 24, 2009), in which the Court would answer this question in the negative. This case is significant for two reasons: (1) it serves as an example of how issues of “tacking” – the act of trying to prove earlier use of a mark in order to achieve priority over an intervening user – can play a crucial role early in a case before discovery has commenced; and (2) it reminds trademark owners of the high standard that courts apply when considering issues of tacking, and of the risks associated with such issues.

Please see full article below for more informtion.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Business Organization Updates, Civil Procedure Updates, Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Manatt, Phelps & Phillips, LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

CONNECT

Reporters on Deadline