Intellectual Property Litigation: Cancellation of U.S. Trademarks Based On Misrepresentation of Source

Litigation partner Catherine Nyarady’s latest intellectual property litigation column, “Cancellation of US Trademarks Based On Misrepresentation of Source,” appeared in the March 9 issue of the New York Law Journal. Catherine discusses an upcoming Federal Circuit decision in The Coca-Cola Co. v. Meenaxi Enter. that could affect the ability of foreign trademark owners to block others from registering the same marks in the United States. Coca-Cola follows a recent Fourth Circuit decision in Belmora v. Bayer Consumer Care AG, in which the court affirmed the Trademark Trial and Appeal Board’s cancellation of a Belmora trademark under Section 14(3) of the Lanham Act. That provision allows for the cancellation of U.S. marks that misrepresent the source of the goods or services that are sold in connection with the mark. Litigation associate Michael Milea assisted in the preparation of the article.

» read the article