Case: Trademarks/Use in Commerce & Registration (D. Colo.)

A federal district court in Colorado granted Bank of America Corp. summary judgment in this trademark infringement action. An individual registered his E.R.I.C.A. service mark with the State of Georgia in 2010 and licensed it to My24HourNews.Com Inc., and Bank of America’s ERICA mark was registered by the U.S. Patent and Trademark Office in 2018, after a 2016 application. According to the court, the individual and website failed show that they used the E.R.I.C.A. mark in commerce before October 2016. The court declined to exercise pendant jurisdiction of the individual’s Colorado Consumer Protection Act claim. And assuming the individual’s infringement ...