In an intriguing recent development, two companies at odds over the ownership of the “Moke” trademark both now stand in opposition to a lower court’s judgement. The formations of the case were noted this past Wednesday by a Fourth Circuit panel.
The root of the conflict lies between Moke America LLC and Moke International Ltd., with both companies asserting their claim to the Moke trademark, a label bound to a particular model of an open-air recreational vehicle. In a twist of events, a Virginia federal judge decided that the claimed trademark had become a generic term, a judgement both companies dispute.
Moke America has stated that it acquired common-law rights from a previous company, now inactive, whereas Moke International believes the mark was forsaken, and thus it has primary claim to it. Despite their individual contentions, both companies affirm the tradmark’s legitimacy.
Yet, this case is far from straightforward. The question over who has the priority claim creates a unique predicament, revealing the complexities and nuances of intellectual property law that are likely to intrigue the legal professionals among us.
For more detailed information about the case and its progress, follow the proceedings at Bloomberg Law here.