Johnson v. L. P. Co., 456 F.3d 123 (9th Cir. 2023)
The case of Johnson v. L.
Does L. P. Co.'s use of the trademark 'Leather Perfection' through online mode constitute 'use in commerce' under the Lanham Act?
Under the Lanham Act, 'use in commerce' involves the bona fide use of a mark in the ordinary course of trade. Such use entails affixing the mark to goods sold or transported in commerce, and the goods must be sold or transported across state lines or between the U.S. and another country.
The court held that L. P. Co.'s use of 'Leather Perfection' did qualify as 'use in commerce' because the use of the mark on its website and mobile application and the interstate capability of its app constituted sufficient commercial activity.
The case is significant as it establishes precedent for considering online sales and marketing as constitutive of 'use in commerce' for trademark protection. This decision is especially pertinent in an era where e-commerce blurs traditional boundaries of commerce, expanding how trademarks are employed and protected globally. Law students gain insight into how traditional legal concepts adapt to technological changes, providing a framework for future cases involving similar issues.