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Trademarks and Free Expression In the Ninth Circuit
In Punchbowl, Inc. v. AJ Press, LLC, No. 21-55881, 2022 WL 16911996, at *2 (9th Cir. Nov. 14, 2022), the United States Court of Appeals for the Ninth Circuit affirmed a judgement from the United States District Court for the Central District of California, and held that AJ Press' use of "Punchbowl" is a protected expression and not misleading.
Background
Punchbowl, Inc (Punchbowl) sued AJ Press, LLC (AJ Press) for trademark infringement under the Lanham Act. Punchbowl is an online party and event planning service. AJ Press began using "Punchbowl News" for Washington, DC insider news and political commentary publications, because Punchbowl is the nickname the Secret Service uses to refer to the U.S. Capitol. As a result, Punchbowl sued AJ Press for trademark infringement and unfair competition. AJ Press moved for summary judgment, arguing that its use of "Punchbowl" did not give rise to liability because it constituted protected expression and was not misleading. The district court granted the motion for summary judgment and held that the use of the name "Punchbowl" was not explicitly misleading as to its source. Punchbowl appealed to the Ninth Circuit and challenged the district court's holding that AJ Press' trademark constituted protected expression and continued to argue that AJ Press' use of "Punchbowl" was misleading consumers.
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