Mensa Defends Mark in Federal CourtContact: Lauren Fernandez BALTIMORE, MD (8/4/09) – American Mensa, Ltd., the U.S. branch of the famous high-IQ society, announced a settlement last week with the British company Inpharmatica Ltd. and its successor BioFocusDPI Ltd. The settlement successfully concludes Mensa’s defense of its rights and the “famous” status of its mark under federal law. Under the settlement terms, the British companies have abandoned their federal trademark application for ADMENSA, promised not to file any new application containing MENSA in the future, and promised to refrain from future use of ADMENSA or MENSA in any form. In 2006, Mensa learned that Inpharmatica was using ADMENSA to sell "intelligent" consulting services and software for drug discovery, and that Inpharmatica had filed a federal trademark application claiming exclusive use of ADMENSA on computer hardware, research services, and database services. Mensa asked Inpharmatica to voluntarily withdraw or modify its application, and to stop use.Inpharmatica refused to stop using the mark and Mensa filed a federal lawsuit in Baltimore for trademark dilution and infringement. MENSA is a famous mark that enjoys special privileges under federal law because of the mark's widespread recognition and unique association with high intelligence. Federal “anti-dilution” law permits Mensa, headquartered in Arlington, TX, to stop others from using closely similar marks on related or even unrelated goods and services. To successfully defend its mark in this case, Mensa showed the level of recognition of MENSA nationwide by the general public. Mensa commissioned an independent survey which showed a nationwide recognition rate of 55% among the general public, 72% among Americans with college education, 83% among Americans with post-graduate education, and a striking 85% for high income earners ($100K+). The presiding judge declared MENSA a category 4 mark (the strongest of 4 categories) and found that media attention has caused the general public to recognize the mark as “representing a group with members of high intelligence." Additional survey results showed that, upon seeing ADMENSA, 48% of Americans with post-grad education thought of Mensa or high intelligence. Mensa routinely polices the marketplace to stop infringements. It used federal anti-dilution law in 2008 to stop companies from using MENSA on mattresses and ovens and to stop another from using “MenSa” on software development services. Large U.S. corporations obtain licenses from Mensato use the mark in "intelligence"-related advertising campaigns on products as diverse as computers, investment funds, automobiles, and fast food. LMCA of New York, NY licenses the mark to provide MENSA PROCESS brainstorming and product development services to major U.S. corporations. Mensa’s licensing program generates revenue for Mensa’s membership and public service programs. "We are pleased that recent actions will allow closure to this long-running matter," said Mensa Chairman Elissa Rudolph. "Mensa worldwide benefits from our tenacity in this case and our protection of the Mensa name. This conclusion allows American Mensa to move forward with our strategic plan." Venable LLP represented Mensa in the matter, American Mensa, Ltd. v. Inpharmatica, Ltd. et al. ### American Mensa is an organization open to anyone who scores in the top two percent on an accepted, standardized intelligence test. The organization has more than 57,000 members in the United States and more than 110,000 members around the world. Members of Mensa attend local and national events, join special interest groups such as astronomy and philosophy, and help out in their communities through various projects. For more information about Mensa, or to apply for membership, visit www.us.mensa.org or call (800) 66-MENSA. |