Decisions

April 30, 2020

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

February 13, 2020

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

December 31, 2019

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

December 14, 2019

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

July 19, 2018

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

July 11, 2018

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

January 25, 2018

2018 WL 558888, Case No. 16-cv-5440-RS (N.D. Cal. Jan. 25, 2018)

On behalf of our client, plaintiff Asuragen, Inc., the Firm defeated defendant Accuragen, Inc.’s motion for summary judgment in an infringement action between two providers of genomic services and their respective ASURAGEN and ACCURAGEN trademarks.More

January 12, 2018

Opp. No. 91229126 (T.T.A.B. 2018)

We Represented Chanel in establishing the fame for Chanel’s CC monogram prior to 2002, and that Chanel’s CC Monogram mark is a household name.More

January 1, 2018

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. More

August 8, 2017

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

The Firm prevailed on behalf of 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.More