Sacks Holdings, Inc. v. Grin Natural USA Limited — 4th Cir. (Sep 15, 2026)
The Fourth Circuit hears a dispute over who first acquired United States trademark rights to Grin, a name used on toothpaste, toothbrushes and other oral-care products. Sacks Holdings sued the Grin Natural companies for trademark infringement, and Grin claimed that it had the earlier rights. Before Sacks filed its trademark application on August 1, 2017, Grin Natural sent products to American customers on two occasions through its New Zealand website. The district court ruled for Sacks on trademark priority through summary judgment, deciding that issue without a trial. Grin now challenges that ruling in this appeal. Sacks used an intent-to-use application, a way to apply before beginning commercial use of a mark. The central question is whether Grin's two earlier sales already established protected use, and whether later sales can help show that the early use was deliberate and continuous. Gayle Elings will ask the court to reverse the ruling that Sacks has priority.
Sacks Holdings, Inc. v. Grin Natural USA Limited (No. 26-1079) — U.S. Court of Appeals for the Fourth Circuit, argued September 15, 2026.
- 0:00Introduction
- 3:00Trademark filing priority and use in commerce
- 20:35Advocate — Jacob Wharton