THE RADIANCE FOUNDATION, INC.; RYAN BOMBERGER, Plaintiffs - Appellants, v. NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, Defendant - Appellee. ELECTRONIC FRONTIER FOUNDATION; AMERICAN CIVIL LIBERTIES UNION OF VIRGINIA; NATIONAL BLACK PRO-LIFE COALITION; WALTER B. HOYE, II; DR. ALVEDA C. KING; DR. DAY GARDNER, Amici Supporting Appellants., 786 F.3d 316

Summary

HOLDINGS: [1]-Defendant civil rights organization did not have actionable counterclaims for trademark infringement under the Lanham Act, 15 U.S.C.S. §§ 1114(1) and 1125(a), because defendant failed to show that plaintiff non-profit organization's use of defendant's marks was not in connection with the sale, offering for sale, distribution, or advertising of any goods or services and its use of the mark did not create a likelihood of confusion; [2]-Plaintiff's use of defendant's marks or colorable imitations fell squarely within the exceptions to trademark dilution by tarnishment specifically included in the Lanham Act to avoid encroaching on free speech rights as plaintiff's use of the marks was undeniably to criticize defendant's perceived position on abortion.