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Rabbinical Council of Massachusetts, known as “KVH Kosher,” is a non-profit organization that certifies food products as kosher.  KVH owns a federal registration in the “KVH” trademark.  KVH says that International Food Products, known as “Sabra Foods,” was once a licensee of the mark, but lost its right to use the mark in April 2016 as a result of failure to pay fees and comply with the terms of the license.  KVH says that Sabra continued to utilize the mark on at least one product following the termination of the license.  KVH brings counts for dilution and false designation of origin under the Lanham Act and violation of Mass. G.L. c. 94 § 156, which relates to kosher food labeling and sales and provides for civil penalties of between $500 and $2000.

The Lanham Act does not contain a statute of limitations provision, and Massachusetts law (which is applied in the absence of a federal statute) places a three-year time frame from the time the alleged infringement was known or should reasonably have been known in which to bring a lawsuit.    Here, the complaint is somewhat vague as to whether the continued use of the mark runs back to 2016, and if so, when KVH became aware that the mark was still being used.  I would not be surprised to see a challenge on this basis.