Legal Question in Business Law in California
My question is concerning Trademarks. Our non-profit organization name is "Antelope Valley Junior Chamber of Commerce" registered with the state of California IRS business registration. The Junior Chamber International (JCI) has trademarked the words, "JUNIOR CHAMBER OF COMMERCE". They are stating that we are in legal violation for use of the words in our registered business name. Both entities are not associated in their activity. They state that we need a portion of our name "Junior...Commerce....Of" changed or eliminated to assure no conflict of the law. Because we are "Antelope Valley......" we have already satisfied any violation course.
3 Answers from Attorneys
I'm sorry to say that I cannot agree with your conclusion that the addition of "Antelope Valley" relieves the infringement. You should either affiliate with the JCI if that is an option, or figure out a way to modify the "Junior Chamber of Commerce" words in a way that satisfies the JCI. Otherwise, I'm afraid you are on a collision course to a lawsuit you'll lose.
I don't necessarily agree you'll lose the lawsuit (but you don't have the resources to prosecute it). While "Jaycees" is an example of an "arbitrary and fanciful":trademark, it seems to me that "Junior Chamber of Commerce" is merely "descriptive," not unlike if one were to attempt to trademark the terms "hamburger" or "pizza" or "real estate broker." If I were representing you I would write them and offer to file a countersuit to have their trademark declared invalid on that basis.
As a Franchise Attorney I can say this. The mark "Junior Chamber of Commerce" was federally registered way back in the 1980's. Various affidavits of use and incontestability, including renewals have been timely filed, so the grounds for challenging the registration on the basis it is descriptive is not even possible at this point. So forget about that attorney letter mentioned in the second answer. There is really only way way to challenge the registration, and it may very well work, but would be costly, as in very costly, since you're going up against the Jaycees. Consult with a good trademark or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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