Fross Zelnick Attorneys Successful in Opposition Proceeding Filed On Behalf of Client MAC Cosmetics

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. The TTAB relied extensively upon the evidence submitted by the firm establishing fame of the MAC trademark, concluding that the MAC logo is “famous for purposes of likelihood of confusion” and was entitled to a broad scope of protection. The Board further credited and relied upon the firm’s arguments concerning the similarity of the parties’ marks in sustaining the opposition.