January 23, 2018

January 23, 2018

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January 22, 2018

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What's The "Best" Trademark?

Best Selling Home Decor Furniture, LLC (Canoga Park, CA) ("BSHDF") has filed a declaratory judgment lawsuit against Best Chairs, Inc. (Ferdinand, IN) seeking a judgment that BSHDF's use of "Best" as a corporate name does not infringe any trademark rights of Best Chairs. Civil Action No. 2:12-cv-9568 (C.D. Cal.). The complaint alleges that Best Chairs' attorney sent a letter to BSHDF demanding that BSHDF stop using "Best" as a trademark or trade name and to withdraw its U.S. trademark application for:

Trademark image

Best Chair has yet to respond to BSHDF's complaint. The case exemplifies the need to select a unique identifier for a company trademark. In some cases, a company can take a descriptive word and make it a trademark (e.g., Fine Furniture Design). In other cases, selection of a word like "best" is destined to cause these type disputes.

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About this Author

Jacob S Wharton, Womble Carlyle, Intellectual Property Attorney, Home Furnishings industry Lawyer

Jake devotes his practice primarily to intellectual property dispute resolution, including patent, trademark, and copyright infringement litigation; proceedings before the Trademark Trial & Appeal Board; trade secret misappropriation litigation; antitrust matters; and related intellectual property disputes. Jake has also counseled clients on defamation and trade libel matters. Prior to focusing on dispute resolution, Jake prepared and prosecuted patent applications in the pharmaceutical, agriculture, biotechnology, and life science technologies. Jake has counseled institutional,...