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Keywords

motionsummary judgmentpatenttrademarkmotion for summary judgmentdeclaratory judgment

trademark

Related Cases

Renna v. County of Union, N.J., 88 F.Supp.3d 310

Facts

Tina Renna, a producer of a public access television show called 'Union County Citizen's Forum,' used the official seal of Union County in her broadcasts. The County of Union claimed that Renna's use of the seal infringed its trademark rights under the Lanham Act and sent a cease-and-desist letter demanding she stop using the seal. Renna sought a declaratory judgment asserting that the County had no trademark rights over the seal and that her use did not constitute trademark infringement. The case involved cross motions for summary judgment from both parties.

Renna produces a public access television show in Cranford, NJ, called the 'Union County Citizen's Forum.' The show displays on-air a graphic illustration depicting the Seal of the County of Union with a spotlight shining on it.

Issue

Whether the County of Union has trademark rights with respect to its official seal and whether Renna's use of the seal constitutes trademark infringement.

Whether the County has tried to bully a constituent is for the public to decide.

Rule

A trademark that is unregisterable does not qualify for trademark protection as an unregistered mark under the Lanham Act. The Lanham Act protects unregistered marks to the same extent as registered marks, but only if the mark is valid and legally protectable. Official insignia, such as a county seal, are explicitly barred from registration under the Lanham Act, and thus cannot be protected as trademarks.

A trademark that is unregisterable does not qualify for trademark protection as an unregistered mark under the Lanham Act.

Analysis

The court found that the County's seal was not a registered trademark, as the United States Patent and Trademark Office had twice refused to register it due to its status as an insignia of a municipality. Since the seal is unregisterable, it does not qualify for trademark protection under the Lanham Act. Furthermore, Renna's use of the seal was not in a commercial context, but rather as part of her First Amendment rights to criticize government actions, which further negated any claim of trademark infringement.

Conclusion

The court granted Renna's motion for summary judgment, concluding that the County of Union had no trademark rights over its official seal and that Renna's use of the seal did not constitute trademark infringement.

Because I decide the first two issues in Renna's favor, it is unnecessary to rule definitively on the third, although I touch on it in the final section of this opinion.

Who won?

Tina Renna prevailed in this case as the court ruled in her favor on the key issues regarding the County's trademark rights. The court determined that the County's seal was not a registered trademark and that Renna's use of the seal in her television show did not infringe any trademark rights. The court emphasized that trademark law does not extend to stifling public discourse and that Renna's use was part of her First Amendment rights to criticize government actions.

Tina Renna prevailed in this case as the court ruled in her favor on the key issues regarding the County's trademark rights.

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