Now entering its 26th year, INTA’s Saul Lefkowitz Moot Court Competition (the “Competition”) is an annual event that introduces hundreds of United States law students to important issues arising in U.S. trademark and unfair competition law. Registration for the Competition opened on September 13 and will close at 5 pm EDT on October 14. For more information about the Competition and all of the materials, please visit the Lefkowitz page on our website.
This year’s problem relates to wearable fitness devices. Midas in Motion, LLC is suing Victory Fit, Inc. on the ground that audiovisual alerts on Victory Fit’s wearable fitness devices infringe Midas in Motion’s trademark rights to visual/vibrational alerts on Midas in Motion’s wearable fitness devices. Victory Fit, in turn, counterclaimed to cancel Midas in Motion’s MIDAS trademark for its devices as immoral because—in the fantasy world of Utopia in which the competition is based—“Midas” is widely considered offensive because it is the name of a controversial past ruler who subjugated Utopians in part by prohibiting exercise.
At the district court, Midas in Motion moved for summary judgment of infringement. Victory Fit cross-moved for summary judgment, arguing that the plaintiff does not own a protectable trademark (and also seeking cancellation of the MIDAS trademark as immoral). The district court granted Midas in Motion’s motion and denied Victory Fit’s motion in part, ordering that Midas in Motion’s MIDAS trademark be cancelled as immoral. Appeals have been filed, and students are now asked to represent the parties!
As part of the Competition, students are expected to write a brief and argue the issues on appeal in the case in regional and national competitions before a panel of volunteer attorneys, judges from various district and other courts, and members of the Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trademark Office (USPTO).
If you are an INTA member who would like to get involved with the Competition, please email email@example.com.