Dueling ‘Moke’ Sellers Tell 4th Cir. Trademark Isn’t Generic

Neither of the companies vying for the trademark “Moke” agree with a lower court’s post-trial judgment, a Fourth Circuit panel noted during oral argument Wednesday.

Moke America LLC and Moke International Ltd. each dispute a Virginia federal judge’s decision that the purported trademark had become a generic term for a type of open-air recreational vehicle. Moke America told the US Court of Appeals for the Fourth Circuit it acquired common-law rights from a now-defunct company, while Moke International said the mark was abandoned and claimed it has priority. But both vouch for its validity.

The priority dispute creates an unusual ...