Fross Zelnick partner John P. Margiotta and associate Shelby P. Rokito, on behalf of client Louis Vuitton Malletier, prevailed in a cancelation action filed before the USPTO’s Trademark Trial and Appeal Board (“TTAB”) against Quanzhow Viition Gifts Co., Ltd.More
Moshik Nadav Typography LLC v. Banana Republic, LLC
Case No. 20-CV-8325
On behalf of client Banana Republic, the firm was successful in dismissing a case brought by typographer Moshik Nadav, who alleged that our client used an ampersand he designed without permission in connection with certain promotions, alleging in three separate amended complaints claims sounding in unjust enrichment,More
Robert Kirkman, LLC v. The Toking Dead
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
Retrobrands USA LLC v. Intercontinental Great Brands, LLC
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
Saleh v. Sulka Trading Ltd., et al.
Case No. 19-2461 (2d Cir. 2020)
The Second Circuit affirmed the S.D.N.Y.’s dismissal of a declaratory judgment action brought by Plaintiff Abdul Rehman Karim Saleh against our clients, Sulka Trading Ltd. and A. Sulka and Company Limited (together, “Sulka”). Sulka filed its motion to dismiss based on the ground that there was no actual controversy between the parties sufficient to create subject matter jurisdiction under the Declaratory Judgment Act because Saleh showed no evidence of an intent and ability to use the SULKA mark in an infringing manner in the U.More
Garan Inc. & Garan Services Corp. v. Manimal, LLC
Opp. No. 91232774 (T.T.A.B.)
On behalf of client Manimal, LLC, we successfully defended an opposition brought by the owner of the GARANIMALS trademark for apparel against our client’s application to register MANIMAL, also for apparel.More
Three Thirteen Licensing, LLC v. Marshall B. Mathers III
Opp. No. 91242434 (T.T.A.B.)
Fross Zelnick successfully represented client Marshall B. Mathers III pka Eminem in a Trademark Trial & Appeal Board (TTAB) proceeding brought by opposer Three Thirteen Licensing, LLC, against his application to register E13 (stylized) for clothing. After the opposer failed to present testimony in support of its opposition,More
Old Navy (Apparel), LLC v. Blissman
Opp. No. 91234507 (T.T.A.B.)
On behalf of client Old Navy (Apparel), LLC, we successfully opposed an application to register the mark OLD IVY for clothing before the Trademark Trial and Appeal Board (the “TTAB”) of the United States Patent and Trademark Office. The TTAB found that OLD IVY was confusingly similar to our client’s OLD NAVY mark,More
UMG Recordings, Inc. v. Siggy Music, Inc.
2018 WL 3529479, Opp. No. 91200616, Canc. No. 92053622 (T.T.A.B. July 19, 2018)
After a seven-year battle 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 JACKSON 5 trademark—in its challenge to an attempt to register the mark J5 for clothing and related merchandise by Siggy Music,More
Sawicky v. AMC Networks Inc.
2:2018-cv-00114 (C.D. Cal. July 11, 2018), aff’d 753 Fed. Appx. 501 (9th Cir. 2019)
We obtained judgment on the pleadings for Defendant AMC Networks in connection with a claim concerning the use of a hip-hop concept for television program. The 9th Circuit affirmed.More