Fross Zelnick recently represented the owners of the U.S. rights to the world-famous DE BEERS trademark in federal court litigation against defendants who planned to launch an online diamond jewelry store under the DE BEERS name. After a full trial on the merits of the case, the district court recognized our client's priority based on an intent to use application filed before an application filed by defendants, and found in our client's favor on its trademark infringement, dilution and unfair competition claims. The case shows the importance of seeking early trademark advice - we filed our client's intent-to-use trademark applications the day the press announced our client's plans to enter the U.S. retail market, which preserved its priority over second comers like the defendants, even though our client did not open its first U.S. store until four years later.

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