Originally published by David Coale.
A Buddhist group sued for alleged infringement of the mark “Unified Buddhist Church of Vietnam” and two others. The Fifth Circuit concluded that of the seven relevant factors about secondary meaning, “only the first factor—the length and manner of use of the Unified Church’s asserted marks—has evidence weighing in favor of the marks having developed protectable secondary meaning.” On the record presented, that evidence alone was insufficient to justify a finding for the plaintiff, and the Court affirmed a defense summary judgment. The Unified Buddhist Church of Vietnam v. Unified Buddhist Church of Vietnam – Giao Hoi Phat Giao Viet Nam Thong Nhat, No. 19-20544 (Dec. 14, 2020, unpublished). (Relatedly, the Fifth Circuit recently affirmed the denial of a preliminary injunction in Future Proof Brands v. Molson Coors, based on a review of the “digits of confusion” as developed on that record, No. No. 20-50323 (Dec. 3, 2020, unpublished). Our firm represented the appellant in that matter.)
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