Facts

BGC Inc. was formerly incorporated as Black Girls Code Inc., and it is a non-profit organization that was founded to advance representation for Black women in tech. BGC owns the trademark registration for "Black Girls Code" in connection with charitable fundraising, education services, and charitable services.

In 2021, BGC's corporate registration lapsed, and Rauhmel Fox Robinson registered BG Code with the Delaware Department of State. Robinson also registered BG Code to do business in California. On March 14, 2022, BGC filed suit against Robinson and BG Code in the Northern District of California.

PLAINTIFF'S CONTENTIONS: BGC contended that the defendants were using the registered trademark on their website and social media to promote the same types of services DGC offered; that the defendants were using the mark to deceive consumers into believing BGC and BG Code were related. BGC asserted claims for trademark infringement in violation of common law and the Lanham Act; unfair competition and false designation of origin; and tortious interference with business relationships.

DEFENDANTS' CONTENTIONS: Defendants denied any wrongdoing or liability. Moreover, the defendants contended that BGC failed to properly allege its ownership over the mark.

Result

The parties reached an agreement wherein the defendants admitted no wrongdoing but agreed to cease using the "Black Girls Code" trademark in connection with any business, charitable, or educational services. There were, however, post-agreement motions to enforce the agreement, and Robinson and BG Code has filed a Notice of Appeal with the Ninth Circuit.