Plaintiff alleges language proficiency service providers infringed on trademark rights

The American Council on the Teaching of Foreign Languages (ACTFL) has filed a lawsuit against Avant Assessment, LLC and Global Seal of Biliteracy, LLC, accusing them of willful trademark infringement, unfair competition, and false advertising. The complaint was filed in the United States District Court for the Eastern District of Virginia on January 30, 2026. ACTFL alleges that the defendants have unlawfully used its trademarks to promote their own language proficiency services.

According to the court documents, ACTFL is a New York-based non-profit organization that offers training and certification programs for language educators. They own several trademarks related to their services, including “ACTFL” and “OPIC,” which are federally registered. The organization claims that Avant Assessment and Global Seal have been using these trademarks without authorization to market their own competing services. ACTFL argues that this unauthorized use has caused confusion among consumers and damaged its reputation.

The complaint details how Avant Assessment allegedly referenced ACTFL’s materials on its website and promotional materials, falsely suggesting an affiliation with ACTFL’s well-known standards and guidelines. Despite multiple cease-and-desist letters from ACTFL, Avant continued to use these trademarks in a manner that implies endorsement or association with ACTFL. The plaintiff asserts that such actions violate both federal law under the Lanham Act and state laws in Virginia.

ACTFL is seeking several forms of relief from the court. They request an injunction to prevent further use of their trademarks by the defendants, destruction or transfer of all infringing materials, monetary damages including profits made by Avant through these activities, punitive damages for willful conduct, and a formal report from the defendants detailing compliance with any court orders.

Representing ACTFL is attorney Richard T. Matthews from Williams Mullen law firm. The case is presided over by judges at the Eastern District of Virginia under Case ID 1:26-cv-00292.