Empower Prevails: Denied Trademark Ban in Ongoing Suit Against Other Empower

September 15, 2023

The Empower Trademark Dispute


The dispute centers around the use of the name “Empower” by two distinct entities operating within the same industry or a closely related one. Such disputes are not uncommon, as businesses vie for distinctive brand identities in an increasingly crowded marketplace.


Empower, the plaintiff in this case, alleged that the other entity’s use of the same name created confusion among consumers and sought to prohibit the defendant from using the “Empower” trademark.


The Denied Trademark Ban

The court’s decision to deny the requested trademark ban represents a pivotal juncture in this legal saga. Key factors that influenced this outcome include:


Distinct Industries:

The court recognized that the two entities operating under the “Empower” name were in distinct industries, reducing the likelihood of consumer confusion.


Trademark Strength:

Empower’s argument for the uniqueness and strength of its trademark played a role. The court assessed the trademark’s distinctiveness and considered whether it had achieved widespread recognition within the relevant industry.


Consumer Awareness:

The court considered whether consumers in the industry were sufficiently discerning to differentiate between the two entities using the same name, based on factors such as product/service quality, branding, and reputation.


Lack of Direct Competition:

The absence of direct competition between the two entities was a significant factor. The court evaluated whether the defendant’s use of the name posed a direct threat to Empower’s market position.


Implications for Trademark Disputes

This court ruling holds implications for future trademark disputes:


Industry Differentiation:

Trademark disputes may be influenced by the distinction between industries. The court’s assessment of industry-related factors can significantly impact the outcome.


Trademark Strength:

The strength and distinctiveness of a trademark are vital considerations in legal battles. Trademarks with strong recognition are more likely to receive protection.


Consumer Awareness:

Courts may weigh the discernment of consumers within a specific industry, considering their ability to differentiate between similar trademarks.


Competition Assessment:

The degree of competition between entities using similar names may influence the court’s decision on trademark protection.

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