D.C. Circuit Affirms In Longstanding ‘Michoacana’ Trademark Dispute

Mealey's (August 14, 2018, 12:45 PM EDT) -- WASHINGTON, D.C. — Findings by a District of Columbia federal judge that the “La Michoacana” trademark lacks distinctiveness when used in connection with a Mexican ice cream treat were not clearly erroneous, the District of Columbia Circuit U.S. Court of Appeals ruled Aug. 13; however, the panel additionally found that even if the mark were protectable, a false association defendant failed to establish priority of use in the United States (Paleteria La Michoacana Inc., et al. v. Productos Lacteos Tocumbo S.A. De C.V., No. 17-7075, D.C. Cir., 2018 U.S. App. LEXIS 22396)....