Law360 interviewed Finnegan partner Mark Sommers to discuss trademark cases to watch in 2022. Mark commented on the Trademark Trial and Appeal Board’s (TTAB) decision in Meenaxi v. Coca-Cola, a case involving the misuse of Coca-Cola brands in India. Meenaxi Enterprise Inc. filed at the U.S. Court of Appeals for the Federal Circuit an appeal to reverse the TTAB’s decision in favor of Coca-Cola, which ruled that Meenaxi was trying to mislead Indian-American consumers by registering “Thums-Up” and “Limca,” —brand names that Coke has sold in India for decades.
Mark stated that the TTAB decision is “welcome news” for foreign trademark owners, explaining that the decision reinforces a foreign company’s right to block another company from registering the same mark by proving that “the registrant’s U.S. product is the foreign product they have come to know.”
Trademark Trial and Appeal Board (TTAB), United States Court of Appeals for the Federal Circuit (CAFC)
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