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Fross Zelnick Lehrman & Zissu, P.C.

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    Nancy DiConzaDavid A. DonahueJames D. WeinbergerBarbara A. SolomonSusan Upton DouglassJoseph A. R. GerberSahil YadavNancy E. SabarraStephen BiggerTommas BalducciJohn P. MargiottaPeter SilvermanJessica VosgerchianAndrew N. FredbeckRoxana MonemdjouCarlos CucurellaLaura Popp-RosenbergKaren LimLydia T. GobenaAmanda B. AgatiKatherine Lyon DaytonCraig S. MendeRobin N. BaydurcanAllison Strickland RickettsRonald J. LehrmanJanet L. HoffmanAshford TuckerJames D. SilbersteinMichael AntonucciSydney KipenRoger L. ZissuTodd MartinRobert A. BeckerLawrence Eli ApolzonJoyce M. FerraroDavid W. EhrlichTamar Niv BessingerRobin L. WarrenCara A. BoyleMaritza C. SchaefferCharles T.J. Weigell, IIIJason D. JonesSherri N. DuitzJulia BelagorudskyAlejandra Camacho LunaDaniel M. NuzzaciNadine H. JacobsonRichard Z. LehvLeo Kittay
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Litigation

Fross Zelnick’s litigation practice focuses entirely on trademark, copyright, design patents and related areas. In addition to representing clients in both state and federal courts, our IP-only litigators have deep experience in opposition and cancellation proceedings at the USPTO’s Trademark Trial and Appeal Board (TTAB) and with arbitration and mediation. Clients benefit from our dedicated team’s understanding of critical subtleties that can adversely or positively affect a litigation outcome.

From small cases to bet-the-brand litigation, our reputation for success frequently enables us to favorably resolve disputes long before cases go to trial. And for those matters that are decided on preliminary injunctions, dispositive motions or after a full trial on the merits, Fross Zelnick has a strong track record – including setting precedent and obtaining difficult-to-achieve findings for our clients. When not in court, our litigators regularly provide strategic litigation advice, both offensively and defensively, to help clients avoid court when they can and best position them to litigate when they want.

Strengths that Matter to our Clients

Trademarks and Trade Dress – We have handled cases involving every kind of trademark, from word marks to product designs, phrases, shapes and characters. Our cases run the gamut, from validity, priority and ownership, to infringement, dilution and fair use.

Copyright and Copyright Termination – Our team represents clients in the latest copyright matters, but our renown comes from a long history of notable work. One of our partners represented the plaintiff in the seminal copyright fair use case Harper & Row v. Nation Enterprises in the 1980s, and we have prevailed in copyright matters for a diverse array of clients including jewelry designers, insurance companies, automobile makers, and other clients whose products, websites, brochures and even insurance policy texts need protection or have been challenged. The firm has also been involved in a number of notable cases involving copyright termination, including litigation involving the Superman, Tarzan and Winnie the Pooh properties.

Design Patents – We defend and enforce clients’ rights in design patent disputes and related actions abroad, consistently adding value to the advice provided by our worldwide network of accomplished and proven foreign counsel.

Trademark Trial and Appeal Board Litigation – Our IP litigators have a thorough knowledge of the particular rules and procedures that apply when litigating TTAB proceedings, as well as the precedents and presumptions that the TTAB considers in making its decisions. Additionally, since TTAB proceedings are largely governed by the Federal Rules of Civil Procedure, we believe that TTAB matters are best handled by lawyers like ours – trial lawyers who focus exclusively on IP disputes. When litigation is required, we are already up to speed and, most importantly, as we pursue TTAB resolution, we know how to avoid anything in these proceedings that would compromise our clients in any future litigation.

International – Our lawyers who focus on international trademark matters have significant experience coordinating foreign jurisdiction disputes relating to global trademark opposition, revocation and invalidity proceedings, as well as cancellation, infringement and counterfeiting actions and copyright, design-related and publicity or privacy rights. We have supervised litigation, as well as opposition and cancellation actions in Europe, Latin America, the Middle East and Asia. We consistently augment the value of the advice provided by our worldwide network of accomplished foreign counsel – we select the best in each jurisdiction to help us resolve any particular matter.

Related Rights (Publicity, Privacy, Idea Submission, Trade Secrets)
Our lawyers have represented clients in some of the leading cases in the right of publicity area, which is governed by state law and directly affects a client’s ability to use individuals’ names, images and personas in advertising materials and on products and services. We regularly counsel clients on uses of celebrity names and likenesses, and on protocols for securing right of publicity or “personality rights” waivers from those appearing in promotional literature or on websites.

Arbitration and Mediation – Our deep knowledge of IP law, enforcement strategies and transactions provides a strategic advantage for our clients when disputes are resolved by arbitration or mediation. Knowing the ins and outs of IP rights and agreement structures helps us to resolve matters in ways that are most advantageous to our clients.

Decisions

  • Old Navy (Apparel), LLC v. Blissman

    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

  • Garan Inc. & Garan Services Corp. v. Manimal, LLC

    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

  • Three Thirteen Licensing, LLC v. Marshall B. Mathers III

    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

  • Saleh v. Sulka Trading Ltd., et al.

    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

  • Retrobrands USA LLC v. Intercontinental Great Brands, LLC

    May 29, 2020

    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

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Newsroom

  • Two ‘Firm of the Year’ Awards Among MIP Honors for Firm and Lawyers

    April 5, 2019

    At Managing Intellectual Property’s 2019 Global IP Awards, Fross Zelnick received three awards: Trademark Contentious Firm of the Year – United States (Northeast), Trademark Contentious Firm of the Year – United States, and Impact Case of the Year Award for work on Royal Crown Co.More

  • WTR Names Fross Zelnick U.S. Trademark Litigation Firm of the Year

    January 30, 2019

    Laura Popp-Rosenberg accepted the U.S. Trademark Litigation Firm of the Year award for Fross Zelnick from the publishers of World Trademark Review at the inaugural Global IP Awards in London. More

  • World Trademark Review’s 2020 WTR 1000 Praises Firm and Lawyers

    February 13, 2020

    “Fross Zelnick is, to many observers, the leading trademark firm anywhere in the world,” according to the 2020 edition of World Trademark Review‘s WTR 1000. In addition to chart-topping rankings in both the Enforcement & Litigation as well as the Prosecution &More

  • CLE: Reviewing 2019’s Big Decisions

    January 30, 2020

    As part of Fross Zelnick’s quarterly CLE series, the firm welcomed clients and friends of the firm as James Weinberger and Sean Harb presented a review of 2019’s big trademark and copyright decisions while also previewing a significant decision expected in 2020.More

  • Law360 Highlights Efforts of Barbara Solomon and Sean Harb

    January 22, 2020

    Law360 wrote about efforts of Barbara Solomon and Sean Harb to identify some of the entities who have adopted and are using packaging similar to our client Mondelez’s Sour Patch candy packaging in order to sell unregulated THC-infused products.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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