Rival Companies Are Like-Minded in Politics But Not in Trademarks

Two companies that share common ground politically nonetheless are at odds over their respective use of trademarks for the products they sell.

Living Liberally LLC, which does business as Drinking Liberally, alleges in a federal court lawsuit that Blue State Coffee Inc.'s Drink Liberally trademark is confusingly similar.

The infringement is deliberate and in bad faith, according to the complaint, filed in the U.S. District Court for the Southern District of New York.

Living Liberally describes itself as being dedicated to creating social networks and events to promote collaboration among progressive organizations.

Its efforts include Laughing Liberally, a political comedy project; Screening Liberally, a politically conscious film series; and Drinking Liberally, a national network of social clubs.

There are 284 Drinking Liberally clubs around the country, the suit says.

According to the complaint, Living Liberally has used the Drinking Liberally trade name and service mark since at least 2003 and obtained a federal trademark in 2007 for the term in connection with its "drinking clubs for individuals interested in liberal politics."

The organization uses the mark on T-shirts, hats and cups and on its Web site.

The complaint alleges that Blue State Coffee, which donates a percentage of its sales to Democratic Party causes, filed an intent to use the Drink Liberally mark in 2006 with the U.S. Patent and Trademark Office, but the application was suspended because the PTO found it confusingly similar to the Drinking Liberally mark then pending.

At the same time, Living Liberally sent a letter to Blue State demanding that it stop using the infringing mark.

The companies then began negotiating a possible license deal over the business name.

While the negotiations were progressing, Living Liberally alleges, Blue State amended its PTO application to delete references to alcoholic beverages in the goods and services it offered. The PTO then approved the mark.

Living Liberally says Blue State did not tell the PTO that both marks are directed to customers interested in liberal politics and are used in conjunction with selling clothing, non-alcoholic beverages and food.

Blue State also allegedly represented that it would voluntarily abandon its trademark applications and stop using the Drink Liberally slogan.

However, it is still using the mark to promote its goods and services, Living Liberally says.

The complaint seeks injunctive relief against Blue State, an order directing the cancellation of the defendant's trademark registration and an accounting of all profits derived from the use of the allegedly infringing trademark.

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