IP Law Daily, TRADEMARK—E.D. Mich.: Political advocacy group obtains preliminary injunction to prevent PAC’s use of name, (Oct 23, 2024)

By Kevin M. Finson

The injunction directed the PAC to cease using the name FUTURE COALITION name on advertisements.

A political advocacy group was entitled to a preliminary injunction to prevent a political action committee (PAC) from unauthorized use of the name FUTURE COALITION in political advertising to overlapping voters, the U.S. District Court in Detroit has held. The advocacy group had obtained federal registration for the asserted mark. The PAC had already begun the process of changing its name (March On v. Future Coalition PAC, No. 2:24-cv-12670-SKD-KGA (E.D. Mich. Oct. 22, 2024)).

March On was a political advocacy group which created a youth-focused arm called Future Coalition in 2018 and received a federal trademark registration for FUTURE COALITION in August of 2024. In the lead-up to the 2024 election, Future Coalition PAC was formed and began publishing political advertisements. March On brough suit for trademark infringement and sought a preliminary injunction. Prior to filing a response, Future Coalition PAC began the process to rename itself to “FC PAC” with the Federal Election Commission. The court considered the traditional injunction factors.

Likelihood of success on the merits. Applying the Sixth Circuit’s eight factor test for likelihood of confusion, the court found that confusion was very likely because the marks were identical, and both were used in the context of political services and advertisements focused on Michigan voters. Although the court noted that the use of mark did not appear intentional, especially since Future Coalition PAC was already in the process of changing its name, confusion was highly likely.

Remaining factors. The court found that the high likelihood of success on the merits was such that irreparable injury and public interest may be presumed. The court also noted that an injunction was not likely to harm Future Coalition PAC because it was already changing its name.

The court granted the motion for a preliminary injunction requiring Future Coalition PAC to cease using March On’s mark. Due to the voluntary name change already in progress, no bond was imposed. The court also noted that while March On’s counsel had argued Future Coalition PAC should be enjoined from using the FC PAC name as well, that acronym was not the same as the registered trademark and had not been placed before the court by the complaint or petition for a preliminary injunction.

The Case is No. 2:24-cv-12670-SKD-KGA.

Judge: DeClercq, S.

Attorneys: Erica Sarver (Bodman, PLC) for March On. John S. Artz (Dickinson Wright PLLC) for Future Coalition PAC.

Companies: March On; Future Coalition PAC

Cases: Trademark MichiganNews