National Advertising Division Recommends Planting Hope Discontinue Use of Registered Trademark Symbol in RIGHTRICE Advertising
New York, NY – April 2, 2024 – In a Fast-Track SWIFT challenge brought by Riviana Foods, Inc., BBB National Programs’ National Advertising Division recommended that Planting Hope Brands, LLC discontinue use of the registered trademark symbol ® in its advertising for RIGHTRICE.
Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to the National Advertising Division (NAD). Riviana argued that Planting Hope’s use of the registered trademark ® symbol on the product label and advertising for RIGHTRICE is misleading.
RIGHTRICE was developed in 2017 by Betterer Foods, Inc. as a low-carb, high protein alternative to traditional rice with a low glycemic index. Planting Hope acquired the RIGHTRICE brand in 2022, and an assignment of the trademark registration from Betterer Foods to Planting Hope was recorded with the United States Patent and Trademark Office (USPTO) in January 2022. The RIGHTRICE trademark registration was subsequently cancelled by the USPTO by default judgment, effective January 2024. At the present time, Planting Hope’s motion to set aside this default judgment remains pending with the Trademark Trial and Appeals Board (TTAB).
Since it is not currently known whether Planting Hope’s trademark registration for RIGHTRICE will be reinstated, NAD recommended it discontinue use of the registered trademark symbol in its advertising for RIGHTRICE unless there is a final determination reinstating the RIGHTRICE trademark on the federal register by the USPTO, TTAB, or other tribunal with appropriate jurisdiction.
In its advertiser statement, Planting Hope stated that while it disagrees with the decision “given the rather unique facts involved in this case,” it “will comply with NAD’s decision and related recommendations.”
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. Per NAD/NARB procedures, this release shall not be used for advertising or promotional purposes.
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