Tarolli Firm Successfully Enforces Client’s Trademark Rights in Addition to Obtaining Trademark Registrations in the U.S. and Abroad

Partners Samantha Smart and John Yirga recently secured a victory on summary judgment for a long-time client in an opposition proceeding before the U.S. Trademark Trial and Appeal Board (T.T.A.B.). A third party attempted to register a U.S. Federal Trademark that would have been harmful to our client’s well-established mark. Because the applied for mark was similar to the client’s existing registration, the harm would have undoubtably caused confusion in the industry as to the source of the client’s products and services. In response, an opposition was filed on behalf of the client against the third-party’s application. Seeley International Pty. Ltd. v. Conair Corp. Opposition No. 91238491, T.T.A.B., (May 3, 2019).

Within six-months of filing the opposition, the U.S. Trademark Trial and Appeal Board awarded the full relief sought by the Smart-Yirga team, resulting in the termination of the third-party’s application. Ms. Smart commented that “not all trademark disputes require protracted litigation in federal court or before the U.S. Trademark Trial and Appeal Board. If strategically planned, a trademark dispute can be resolved favorably through dispositive motion practice (as in the current case) before ever going to trial. Such outcomes are typically a more economical approach that can accomplish the same objectives for the client as a more costly trial.”

Ms. Smart and Mr. Yirga are both intellectual property attorneys who obtain and enforce patents, trademarks, and copyrights for both U.S. and international clients. If you have interest in procuring and/or enforcing your intellectual property, Ms. Smart and Mr. Yirga can be contacted at ssmart@tarolli.com and jyirga@tarolli.com, respectively.