LIVESTRONG: BARKING UP THE TRADEMARK TREE

by Tamera H. BennettSeptember 14, 2007

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Lance Armstrong Foundation, Inc. filed suit in the Western District of Texas (Austin) for trademark infringement against Oklahoma Animal Charity Collar Group, Inc. for its PURRSTRONG and BARKSTRONG animal collars.

Armstrong's foundation is the owner of the LIVESTRONG trademark for wristbands and fundraising. The LIVESTRONG mark was first used in interstate commerce in December 2003 and Armstrong's foundation secured a federal trademark registration on January 31, 2006. Armstrong's foundation has 15 registered/pending trademark applications related primarily in classes 14 (jewelry) and 36 (fundraising).

Pursuant to the complaint filed on September 11, 2007, Animal Charity Collar Group, Inc. approached Armstrong's foundation for a license and made an in person proposal on July 29, 2005. The proposal was denied.

In addition to using the trademarks PURRSTRONG and BARKSTRONG, Defendant Animal Charity uses the marks on yellow collars embossed in a similar fashion as the LIVESTRONG wristbands. Chris Ohman, the sole owner of Animal charity, filed trademark applications for PURRSTRONG, BARKSTRONG, CAN YOUR DOG BARKSTRONG?, CAN YOUR CAT PURRSTRONG?

Evidently the trademark examiners at the USPTO are not seeing the confusion. The PURRSTRONG application for pet collars registered on April 3, 2007. To further muddy the waters at the USPTO, there is another filing for BARKSTRONG and PURRSTRONG filed by a third party. All of these marks are currently in suspension. It does not look as if they are suspended because of the LIVESTRONG marks, but rather waiting on Ohman's marks to move toward registration.

Whose mark is "strongest?" We shall see.

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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