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May 18, 2009
Trademarks: Drink like a Russian.
UPDATED: The right to know what befuddles you. The U.S. Court of Appeals for the Federal Circuit clarified the “materiality” prong of 15 U.S.C. § 1052(e)(3), a new subsection added to trademark statutory law by the NAFTA Implementation Act of 1993, which prohibits “geographically deceptively misdescriptive” trademarks (and service marks). In re: Spirits International, N.V., 2008-1369 (April 29, 2009) involved an application for Moskovskaya, which translates from Russian to English as “of or from Moscow,” as a mark for a Russian vodka that is not from Moscow. Because the Trademark and Trial Appeal Board didn’t apply the proper test--whether those capable of translating the term represented a “substantial portion of the intended audience”--the case was sent back to see if that proper subset of consumers would mistakenly assume the vodka was from Moscow and, for that reason, choose to purchase it.
Note: Seldom-confused Rob Bodine is a DC-based IP lawyer, world traveler, and philosopher. Rob recently became of counsel to Hull McGuire. He will be a frequent contributor to WAC? on issues of trade and service marks, IP licensing and, apparently, Vodka globally.
Posted by Rob Bodine at 11:59 PM | Comments (4)