NAD Rejects Use of R Symbol | Fox Rothschild LLP
Earlier this month, the National Advertising Division (NAD) of the Better Business Bureau (BBB) announced a recommendation that Planting Hope Brands, LLC discontinue use of the ® (registered trademark symbol) in advertising a specific rice product called RIGTHRICE. The recommendation came out of a Fast-Track SWIFT challenge brought by Riviana Foods, Inc. who alleged that use of the symbol was misleading. Although the facts were unique, which Planting Hope Brands, LLC believed should yield a different result, the NAD relied on the current lack of a registered trademark for RIGHTRICE in making its determination.
Per the NAD, Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought before it. It is one of four tracks that can be utilized by any company or non-governmental organization to challenge the truth or accuracy of national advertising in any advertising medium. More information is available on the BBB’s website.
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