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Fross Zelnick Lehrman & Zissu, P.C.

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    Tamar Niv BessingerMichael AntonucciLaura Popp-RosenbergPeter SilvermanJames D. SilbersteinCharles T.J. Weigell, IIIRobin L. WarrenLawrence Eli ApolzonDavid W. EhrlichNancy E. SabarraJason D. JonesRonald J. LehrmanJanet L. HoffmanAllison Strickland RickettsJulia BelagorudskyRobin N. BaydurcanCara A. BoyleMaritza C. SchaefferSahil YadavAmanda B. AgatiNadine H. JacobsonCarlos CucurellaSherri N. DuitzJames D. WeinbergerSusan Upton DouglassNancy DiConzaAndrew N. FredbeckAshford TuckerCraig S. MendeKatherine Lyon DaytonKaren LimRichard Z. LehvJessica VosgerchianStephen BiggerDaniel M. NuzzaciSydney KipenLydia T. GobenaRoxana MonemdjouTommas BalducciJoyce M. FerraroJohn P. MargiottaTodd MartinAlejandra Camacho LunaRobert A. BeckerRoger L. ZissuBarbara A. SolomonJoseph A. R. GerberLeo KittayDavid A. Donahue
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Consumer Products

It’s all about protecting consumers against confusion, right? Households around the world are full of products our clients produce and Fross Zelnick knows just how to protect those brands and the consumers who use them. We clear the marks for use around the globe and then enforce clients’ rights against infringers and counterfeiters to ensure that the brand’s integrity is maintained and consumers are protected. Our clients come from myriad areas, including cleaning products, automotive goods, food and beverage, electronics, personal care products, cosmetics, clothing, footwear, home appliances, and fitness and exercise equipment, to name a few. To protect our clients’ brands, we use everything available in our IP arsenal: trademarks, designs, trade dress and copyright - and we do it everywhere in the world.

Think about how many households there are in the world and you might wonder, “How do brand owners effectively protect and police their brands all over the world? Where do they even begin?” At Fross Zelnick, we know how to help develop strategies – based on the specific needs and goals of each client – to secure, protect and enforce their rights. And we know how to do that for clients of all shapes and sizes from startups like Bonobos and Peloton to established global brands like Johnson & Johnson and Kao Corporation. No client is too small or too big for us to help guide their IP strategy and, with our deep knowledge and experience, we are able provide cost-effective and sensible approaches to IP protection in the U.S. and around the world.

Strengths that Matter to our Clients:

  •  Ability to quickly understanding the client’s business and goals, regardless of their size or age
  • Experience in securing registrations for virtually every kind of consumer product across jurisdictions around the world
  • Deep knowledge of how to best cover the variety of goods and services in this vast area of products and ability how to help clients license their goods when needed
  • Ability to guide startups on strategic, cost-effective IP protection that provides critical initial protection that can expand, as needed, with growth

Decisions

  • Perfetti Van Melle USA v. Cadbury Adams USA LLC

    January 1, 2010

    732 F. Supp. 2d 712 (E.D. Ky. 2010)

    On behalf of our client Cadbury Adams USA LLC–maker of the famous DENTYNE brand of chewing gum–we defeated a motion for a preliminary injunction brought by plaintiff which sought to block the launch of Cadbury’s new breath purifying gum,More

  • Kraft Foods Group Brands LLC v. Cracker Barrel Old Country Store, Inc.

    July 1, 2013

    No. 1:13-cv-00780 (N.D. Ill. July 1, 2013), aff’d 735 F.3d 735 (7th Cir. 2013)

    The Firm obtained a preliminary injunction on behalf of Kraft Foods Group Brands, LLC , owner of the CRACKER BARREL trademark in connection with cheese, against restaurant company, Cracker Barrel Old Country Stores,More

  • Inter-IKEA Systems B.V. v. Akea, LLC

    January 1, 2014

    Opp. No. 91196527 (T.T.A.B. 2014)

    The Board sustained, in part, the Firm’s opposition, filed on behalf of IKEA, to the registration of AKEA for retail direct sales services in the field of nutritional supplements, finding a likelihood of confusion.More

  • Kam Hing Enters., Inc. v. Wal-Mart Stores, Inc.

    February 18, 2009

    Case No. 07 CV 2316 (S.D.N.Y. Feb. 18, 2009), aff’d, 359 Fed.Appx. 235 (2d. Cir. 2010)

    The Firm prevailed after trial, winning in excess of $2 million dollars for a copyright infringement claim brought on behalf of client Kam Hing Enterprises, Inc. Prior to trial on damages,More

  • Frida Kahlo Corporation v. Tupperware Corporation

    March 31, 2014

    Case No. 13-21039 (S.D. Fla. Mar. 31, 2014)

    The court granted the Firm’s motion to dismiss the case, based on lack of subject matter jurisdiction, because the allegedly infringing acts occurred in Mexico and other Central and South American countries. The court held that foreign websites that can be seen in Florida were not sufficient to give the court subject matter jurisdiction,More

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Representative Experience

  • Clients include Ann Taylor, Colgate-Palmolive Company, Diageo PLC, Energizer Holdings, The Estée Lauder Companies, Inc., The Gap, Heineken N.V., Henkel AG & Co. KGaA, Johnson & Johnson, Kao Corporation Kraft Foods Group, Inc., Mondelēz International, Inc., L’Oreal SA, PepsiCo, Philip Morris International, Inc., Unilever PLC, S.C. Johnson, Spectrum Brands, and Yum! Brands, Inc.
  • Represented a Fortune 100 company in its divestiture of its consumer health business involving the transfer of ownership for more than 1000 trademarks globally
  • Assisted a consumer health manufacturer in developing a global trademark filing strategy for its product packaging designs enabling it to better protect its trade dress from infringers

Newsroom

  • European Union: Test For Distinctiveness of Three-Dimensional Marks Applies To Figurative Marks For Two-Dimensional Representations of Products

    September 9, 2017

    August Storck KG v. European Union Intellectual Property Office (Case No. C-417/16P, May 4, 2017)

    The Court of Justice of the European Union (“ECJ”) recently issued a decision in which it confirmed that case law which was developed in relation to the distinctiveness of three-dimensional marks consisting of the appearance of the product itself also applies to figurative marks for the two-dimensional representation of a product. More

  • China: Despite Appeal Decision Reducing Damages Award, New Balance Loss Emphasizes Key Strategic Points for Brand Owners

    September 19, 2016

    Zhou Lelun v. Xin Bai Lun Trading (China) Co., Ltd., 2015 Yue Gao Fa Min San Zhong Zi No. 444 (Guangdong Higher People’s Court, June 16, 2016)

    In September 2015, our earlier article reported that the Chinese subsidiary of New Balance Athletic Shoes,More

  • Trademark Trial and Appeal Board: Yet Another Precedential TTAB Case Re. Lack Of Bona Fide Intent To Use

    March 19, 2016

    Swiss Grill Ltd., v. Wolf Steel Ltd., 215 USPQ2d 2001 (TTAB 2015)

    In a precedential case decided on September 10, 2015, Swiss Grill Ltd. v. Wolf Steel Ltd., 215 U.S.P.Q.2d 2001 (TTAB 2015), the Trademark Trial and Appeal Board granted an opposition on the ground that the applicant,More

  • European Union: ECJ Advocate General Recommends Standards for Determining Registrability of Three-Dimensional Shape Marks

    September 23, 2015

    Société des Produits Nestlé SA v. Cadbury UK Ltd (Case C-215/14)

    In a recent decision, the advocate general for the Court of Justice of the European Union issued his recommendation on the registrability of Société des Produits Nestlé SA’s (“Nestle”) three-dimensional mark,More

  • Cambodia: Accession to Madrid Protocol

    June 23, 2015

    Cambodia acceded to the Madrid Protocol on March 5, 2015.  The Protocol will enter into force with respect to Cambodia on June 5, 2015.  For more information, see WIPO.More

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Fross Zelnick Lehrman & Zissu, P.C.
Fross Zelnick Lehrman & Zissu, P.C.
151 West 42nd St., 17th Fl.
New York, NY 10036

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