Selling company equity or stock shares does not constitute use of a trademark “in connection with goods or services” under the Lanham Act.
In a ruling that clarifies the boundaries of federal trademark protection, the U.S. Court of Appeals for the Ninth Circuit has determined that companies cannot claim trademark infringement when competitors use similar names to sell corporate stock. Affirming a lower court’s dismissal of claims brought by a California legal technology company against its Japanese competitor over a $130 million investment round, the Ninth Circuit held that selling company equity shares does not qualify as selling goods or services under the Lanham Act (LegalForce RAPC Worldwide, PC v. LegalForce, Inc., No. 23-2855 (9th Cir. Dec. 27, 2024)).
Case date: 27 December 2024
Case number:No. 23-2855
Court: United States Court of Appeals, Ninth Circuit
A full summary of this case has been published on Kluwer IP Law
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