Potomac Law Partner Julia Anne Matheson is quoted in a World Trademark Review article titled “US election 2024: presidential candidate Nikki Haley faces trademark issues in US and China” about Haley’s campaign slogan “Stand for America.” In particular, Matheson discusses the practical risks posed by a pre-existing U.S. registration for the identical mark STAND FOR AMERICA in the event of an infringement challenge as well as the impact on the campaign and potential future political activities of four registered trademarks in China for the candidate’s name NIKKI HALEY.
As part of her analysis, Matheson emphasized the need to look behind the registration certificates to assess the relative risks. And she emphasizes that in the U.S. the “likelihood of confusion” standard requires that a showing that “an appreciable number of consumers would be confused” – a showing tough for a small litigant with a narrow following.
In addressing the fewer trademark filings during this election cycle, Matheson notes both the lengthy timeline to registration in the U.S. and the PR consequences of enforcement efforts.
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