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Lawyer Detail

Emily Weiss

Practice Description
Ms. Weiss is an associate in Fross Zelnick’s litigation practice, focusing on litigation in the areas of copyright, trademark, and unfair competition. She represents clients on matters related to intellectual property rights across a range of industries, including publishing, fashion, entertainment, pharmaceuticals, and consumer products.

Prior to joining Fross Zelnick, Ms. Weiss was an associate in the litigation department of a leading New York law firm. In 2010-2011, she clerked for the Honorable Miriam Goldman Cedarbaum, District Judge of the United States District Court for the Southern District of New York.

Duke University, B.A. in Public Policy and History (2004), magna cum laude; Columbia Law School, J.D.(2009), James Kent Scholar, Columbia Law Review

Super Lawyers® 2017-2018, New York Metro Rising Stars, Intellectual Property Litigation

New York State
United States District Court for the Southern District of New York


Selected Cases

892 F.3d 1358 (Fed. Cir. 2018)

On behalf of Royal Crown Company, Inc. and Dr Pepper/Seven Up, Inc. (together, “RC”), the Firm prevailed at the Federal Circuit Court of Appeals after a nearly decade-long battle concerning whether The Coca-Cola Company (“TCCC”) could claim exclusive trademark rights to ZERO for soft drinks.  The Federal Circuit vacated the decision of the Trademark Trial and Appeal Board (“TTAB”), finding, among other things, that the TTAB had applied the wrong legal standard to the question of whether ZERO is generic, had failed properly to assess the degree of the term’s descriptiveness, and had incorrectly weighed evidence, including by improperly discounting RC’s evidence of third-party use of ZERO.  The Federal Circuit remanded the case to the TTAB for further proceedings.

Opp. No. 91219587 (T.T.A.B. Aug. 8, 2017)

The Firm prevailed on behalf of longtime client DC Comics ("DC") before the Trademark Trial and Appeal Board (the "Board") in an opposition involving THE FLASH character and related trademarks. DC had opposed an application to register the mark FLASH TEC together with a lightning bolt design in connection with clothing.  In a lengthy decision dated August 8, 2017, the Board held that THE FLASH was "a valuable intellectual property asset with marketplace strength" and found that FLASH TEC was likely to cause confusion.

Opp. No. 91224082 (T.T.A.B. July 26, 2017)

The Firm prevailed in an opposition brought by a company affiliated with the seminal hip-hop group Cypress Hill against an application to register the mark GREENE THUMB in connection with music based on our client's rights in the mark DR. GREENTHUMB.

Published Works

The Sherlock Holmes Copyright Case

Mondaq, October 9, 2014.