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Jason D. Jones
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"Over the years, I have represented clients on all sides of intellectual property matters – sometimes I act on behalf of the plaintiff while other times I represent the defendant. Knowing what’s important to both sides enables me to better craft creative litigation strategies that can lead to a negotiated resolution or a successful litigation outcome."

Jason Jones counsels clients and litigates matters relating to copyright, trademark, unfair competition, false advertising, design patent, and related commercial matters. He also negotiates trademark and copyright licenses, as well as coexistence and settlement agreements.

Jason’s litigation experience includes federal trial and appellate courts, as well as state courts and the USPTO’s Trademark Trial and Appeal Board, representing clients across diverse industries, including publishing, fashion, cosmetics, entertainment, pharmaceuticals, consumer products, automotive, and insurance. He also is an adjunct professor at New York Law School, where he teaches a seminar on litigating intellectual property cases.

Prior to joining Fross Zelnick, Jason was an associate in the litigation department of a large international law firm.

Decisions

  • September 26, 2023

    At trial before the Trademark Trial and Appeal Board of the U.S. Patent & Trademark Office, the Firm prevailed on behalf of client UMG Recordings, Inc. (“UMG”)—owner of the famous IMPULSE jazz label—in its challenge to an attempt to register the mark IMPULSE MUSIC COMPANY for music production services,More

  • August 4, 2022

    On behalf of client Estée Lauder Cosmetics, Ltd.—owner of the MAC trademark for cosmetics and skin care products—the firm successfully opposed in the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office an application to register the mark MCCOSMETICS NY that covered cosmetics.More

  • July 22, 2020

    Opposition No. 91242007 (T.T.A.B. July 22, 2020)

    On behalf of Robert Kirkman, LLC—owner of THE WALKING DEAD trademark associated with the comic book and television series—we successfully opposed in the TTAB an application to register the mark THE TOKING DEAD that covered retail merchandise related to comic books about zombies that smoke cannabis. More

  • May 29, 2020

    On behalf of client Intercontinental Great Brands, LLC (“IGBL”)—owner of the famous CHICLETS brand of chewing gum—we successfully defended against a cancellation action filed in the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office in which Retrobrands USA, LLC sought to cancel IGBL’s registrations for the CHICLETS trademark on the ground that IGBL allegedly had abandoned the trademark in the United States.More

Representative Experience

  • UMG Recordings, Inc. v. Siggy Music, Inc. -- After a seven-year battle before the Trademark Trial and Appeal Board of the U.S. Patent & Trademark Office, prevailed on behalf of client UMG Recordings, Inc. (“UMG”)—owner of the JACKSON 5 trademark—in its challenge to an attempt to register the mark J5 for clothing and related merchandise by Siggy Music, Inc., a company owned by original Jackson 5 musical group member Sigmund Esco “Jackie” Jackson. In a lengthy decision dated July 19, 2018, the Board confirmed that UMG, as successor to Motown Records, owned the JACKSON 5 trademark as well as its functional equivalents, including the short form J5. It further held that UMG’s JACKSON 5 trademark is “famous” and “commercially strong” and that Siggy Music’s use and registration of J5 would likely cause confusion in the marketplace.
  • Hoop Culture, Inc. v. The Gap, Inc. Following an evidentiary hearing, on behalf of client The Gap, Inc. and its Old Navy brand, was successful in defeating a motion for a preliminary injunction brought by plaintiff Hoop Culture, Inc. over its alleged EAT...SLEEP...BALL. trademark. The U.S. District Court for the Middle District of Florida held that the plaintiff did not show a substantial likelihood of success on the merits of its claims on either ownership of a valid mark - despite the fact that it had a federal registration - or likelihood of confusion. The Court also held that plaintiff failed to establish the requisite irreparable injury. This decision was affirmed by the U.S. Court of Appeals for the Eleventh Circuit.
  • Institute for the Development of Earth Awareness v. People for the Ethical Treatment of Animals. Obtained summary judgment in favor of client, People for the Ethical Treatment of Animals (“PETA”), dismissing copyright infringement claim brought against PETA in the U.S. District Court for the Southern District of New York on basis of alleged use in PETA animal rights campaign of historical facts and not-new idea of comparing mistreatment of slaves in 19th century America to mistreatment of animals today.
  • Perfetti Van Melle USA v. Cadbury Adams USA LLC. On behalf of client Cadbury Adams USA LLC--maker of the famous DENTYNE brand of chewing gum-- defeated a motion for a preliminary injunction brought by plaintiff which sought to block the launch of Cadbury's new breath purifying gum, DENTYNE PURE, on the grounds that the name DENTYNE PURE was confusingly similar to plaintiffs' MENTOS PURE FRESH and MENTOS PURE WHITE names used for chewing gum.
  • Body Wisdom Media, Inc. v. Athleta, Inc. Successfully defeated a motion for a preliminary injunction motion on behalf of client Athleta, Inc., a leading retailer of women’s performance apparel and gear and part of The Gap, Inc.’s portfolio of companies. Plaintiff Body Wisdom Media, Inc. sought a preliminary injunction to stop Athleta’s use of a pinwheel design as a logo, alleging likelihood of confusion with Body Wisdom’s own pinwheel design logo used in connection with fitness DVDs. Athleta had adopted the challenged pinwheel logo seven years prior and had used it across its business since that time. The U.S. District Court in Maryland denied Body Wisdom’s motion, ruling that Body Wisdom was not likely to succeed on the merits of its infringement claim, because, inter alia, the parties’ goods are different and had coexisted under the respective marks without confusion for a number of years. The court also held that any injunction would harm Athleta, which uses the challenged pinwheel design across its entire business.
  • Frank Sinatra Enterprises, LLC v. Loizon. Successfully represented our client, Frank Sinatra Enterprises, LLC, which holds the exclusive right to commercially exploit Mr. Sinatra’s name and likeness, in its challenge before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office to Michigan-based caterer Bill Loizon’s attempt to register the mark FRANKS ANATRA in connection with his catering business.

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