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Expanding Misrepresentation of Source Claims in Trademark Opposition Proceedings

In a precedential decision, the Trademark Trial and Appeal Board (TTAB) in PepsiCo, Inc. v. Arriera Foods LLC, Opposition No. Opposition No. 91269057 (TTAB Sep. 20, 2022) held that misrepresentation of source claims could be asserted in opposition proceedings, regardless of whether the mark being opposed was registered.

Before this ruling, misrepresentation of source claims were typically reserved for cancellation proceedings and were not available in opposition cases. However, PepsiCo argued that misrepresentation of source claims should be allowed in opposition proceedings as well.

In reaching its decision, the TTAB stated that such an expansion would align with public policy, promoting judicial efficiency and avoiding the risk of piecemeal litigation. Thus, misrepresentation of source claims can indeed be asserted in opposition proceedings, even for unregistered marks.

The implications of this ruling are several:

  1. Judicial Efficiency and Streamlined Litigation: Allowing misrepresentation of source claims in opposition proceedings streamlines the legal process. Brand owners can now bring multiple claims, including misrepresentation of source, in a single opposition case, leading to more efficient and comprehensive resolutions of disputes.

  2. Encouragement for Early Enforcement: This precedent may incentivize brand owners to take swift action against potential infringers during the opposition phase. By asserting misrepresentation of source claims early on, they can deter others from attempting to capitalize on similar marks.

In conclusion, PepsiCo, Inc. v. Arriera Foods LLC marks a turning point in trademark opposition proceedings, expanding the scope of misrepresentation of source claims to encompass unregistered marks being opposed.

As with any legal matter, seeking guidance from experienced trademark attorneys is essential to understand how this precedent applies to individual cases and devise the most effective legal strategies.


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