726 F.Supp.3d 213 (S.D.N.Y. 2024)
The Firm prevailed on behalf of longtime clients Warner Bros. Entertainment Inc. (“Warner Bros.”) and DC Comics in a copyright infringement action brought by Christopher Wozniak (“Wozniak”) over Warner Bros.’ 2022 blockbuster film The Batman.More
On behalf of the celebrated fitness company Peloton, Fross Zelnick has successfully defended against a trademark infringement suit in the Northern District of California. The firm won a decision for Peloton at summary judgment, dispatching with the lawsuit altogether. The dispute concerned Peloton’s use of PELOTON BIKE+ as the name of the deluxe version of its connected stationary bike,More
Fross Zelnick is defending client Aritzia, the North American clothing and accessories retailer, against claims of copyright and trade dress infringement filed in the U.S. District Court for the Northern District of California by Tangle, Inc. In spring 2023, Aritzia had displayed metallic pink–colored decorative sculptures in its retail store windows.More
At trial 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 famous IMPULSE jazz label—in its challenge to an attempt to register the mark IMPULSE MUSIC COMPANY for music production services,More
The Trademark Trial & Appeal Board issued a decision after trial denying a petition to cancel our client MAM Babyartikel GmbH’s registration for SKIN SOFT for baby bottles and nipples. The Board agreed with us that Petitioner’s alleged mark failed to function as a mark.More
The Trademark Trial and Appeal Board issued the decision after trial sustaining Fross Zelnick’s oppositions to REGENAL and REGENALL (for “pharmaceutical preparations for the treatment of damaged or injured tissue; nutritional supplements”) based on our client Genzyme Corporation’s mark, RENAGEL, registered for “pharmaceuticals, namely, phosphate binders for treatment of hyperphosphatemia.”More
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.More
On behalf of client Chatham Imports and its FARMERS brand gin, the Firm prevailed at trial before the Trademark Trial and Appeal Board against a competitor’s application to register FARMER FORWARD for spirits on grounds of likelihood of confusion. In its opinion, the Board found our client’s mark to be inherently distinctive and held our client’s policing efforts,More
On behalf of client LEGO Juris A/S — owner of the world-famous LEGO trademark — 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 ECO-BRICKS in connection with “toy building blocks” on grounds of descriptiveness.More
We represented Rudsak USA Inc., the U.S. subsidiary of a Canadian streetwear brand, in its defense against for trade dress infringement, unfair competition, and dilution brought by its rival APP Group (Canada), doing business as Mackage, in the U.S. District Court for the Southern District of New York.More