Honeywell Safety Products USA, Inc. v. ERB Industries, Inc.

In a dispute spanning four years, on behalf of client Honeywell Safety Products USA, Inc., following a trial before the Trademark Trial and Appeal Board (the “Board”), the Firm was successful in obtaining a judgment canceling two registrations owned by ERB Industries, Inc. (“Registrant”) for the design of two safety helmets. Despite many years of sales and marketing, the Board found that the Registrant had failed to establish that the designs in question had attained secondary meaning, thus rendering them unprotectable.