La Quinta Arts Foundation (LQAF) is committed to vigorously defend its LQAF Mark and intellectual property against any and all challenges and remains confident that, upon consideration of the full evidence, the Federal District Court and the United States Patent Office will determine to uphold the LQAF Mark.
United States Patent and Trademark Office -Trademark Trial and Appeal Board (TTAB)
August 20, 2019
The City filed a trademark application for the LA QUINTA ART CELEBRATION mark.
November 20, 2019
The United States Patent and Trademark Office (USPTO) issued an office action refusing to register the City’s mark because of a likelihood of confusion with LQAFs LA QUINTA ARTS FESTIVAL mark and because the mark is geographically descriptive.
May 20, 2020
The City filed a response to the office action, arguing that its mark would not be confused with LQAF’s mark and that it is not geographically descriptive.
May 29, 2020
The USPTO issued a final office action refusing to register the City’s mark, unpersuaded by either of the City’s arguments.
February 11, 2021
The City filed a petition for cancellation of LQAF’s LA QUINTA ARTS FESTIVAL mark with the Trademark Trial and Appeal Board (TTAB). The City argued that LQAF has abandoned its mark.
August 25, 2021
The City filed a motion for summary judgment of abandonment in the TTAB proceeding. The City argued that LQAF abandoned its mark by cancelling the 2020 La Quinta Arts Festival and failing to hold any festivals afterwards.
September 24, 2021
LQAF filed a cross-motion for summary judgment of non-abandonment. LQAF argued that the 2020 cancellation and subsequent nonuse were excusable because it was prompted by the City’s construction projects and the Covid-19 pandemic. LQAF further submitted evidence that both before and after the 2019 La Quinta Arts Festival, LQAF was engaged in discussions with various partners to host the Festival in a new location.
October 14, 2021
The City filed a motion to temporarily suspend disposition of summary judgment, arguing the City needed to question LQAF CEO about identity and the nature of LQAF’s discussions.
November 3, 2021
LQAF filed an opposition to the City’s motion with further explanation, including plans to present LA QUINTA ARTS FESTIVAL branded exhibitions at COD Alumni Association Street Fair beginning in 2022.
November 28, 2021
Deadline for the City to reply to LQAF’s opposition.
*Note: LQAF will make no further comment related to trademark disputes until litigation is concluded.