Dec 3, 2020

Civil trade mark war for “The Lincoln Project”

The Lincoln Project has been accused of trade mark infringement by a rival, which also shares the exact same name. The “The Lincoln Project” was established as a political action committee formed by Republicans opposing Donald Trump, who made it their goal to prevent the President (at that time) from securing a second term in office.

Christopher Small founded a fellow “The Lincoln Project” around 17 years ago, which focuses on educational resources, using the name to call to mind President Abraham Lincoln. Small filed a trade mark infringement claim at the Trade Mark Trial and Appeal Board on the first day of December this year.

Small’s claim includes evidence of the name being registered with the US Patent and Trade Mark Office since 2009. As a result, the political activist version of the Lincoln Project has been denied registration of the name. Small alleges that a likelihood of confusion exists among consumers, and has said that consumers have contacted his organisation believing it is a part of the political one: it does not have political affiliations beyond the link to President Lincoln in its name.

If you have any questions in relation to infringement of IP or any other IP rights, please don’t hesitate to contact the team at McDaniels Law on 0191 281 4000, or by email at legal@mcdanielslaw.com.

Posted by: Megan Walker in: Trade Marks

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