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ARTICLE · 14 OCTOBER 2016

Charities Enforce Trademarks Too

Fox Rothschild LLP
Fox Rothschild LLP
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Trademark infringement disputes are not limited to those between for-profit companies.

United StatesIntellectual Property

Trademark infringement disputes are not limited to those between for-profit companies.  Indeed, charities also own trademarks and they can and do enforce their trademarks against other organizations (charitable or not) through cease and desist letters, lawsuits, etc.

Case in point:  Last week, Mothers Against Drunk Driving ("MADD"), a non-profit founded in 1980, sued the founders of a relatively new charity, Mothers Of Drunk Drivers ("MODD"), for trademark infringement and dilution of MADD's trademarks and service marks.  MADD's complaint, filed in the District of South Carolina, claims that MODD's use of the marks MOTHERS OF DRUNK DRIVERS and MODD is confusingly similar to MADD's federally-registered MOTHERS AGAINST DRUNK DRIVING and MADD marks and that the MADD and MOTHERS AGAINST DRUNK DRIVING marks are famous in South Carolina and throughout the United States.  Among other claims, MADD's complaint also asserts a cybersquatting claim based upon MODD's use

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