March 2015

News & Press

WE ARE PLEASED TO REPORT THAT FROSS ZELNICK was ranked in the gold tier for trademark firms nationally in the U.S. in the 2015 World Trademark Review WTR 1000 edition of The World’s Leading Trademark Professionals. The publication described the firm as “venerable,” with “an unwavering commitment to international brand protection,” and a “combination of substantive knowledge and litigation savvy that makes it such an amazing firm.” While “[a]ll of the partners are strong,” specific mention was made of the following 16 individuals: CARA BOYLE (“good commercial advice”), CARLOS CUCURELLA (“a crucial link to the Hispanophone world”), DAVID DONAHUE (“incredible litigation experience”), SUSAN UPTON DOUGLASS (“a shrewd operator before the TTAB and USPTO”), MARK ENGELMANN (“expert opinion . . . tempered with sensible, commercially minded advice”), LYDIA GOBENA (“trusted ally of an array of satisfied clients”), NADINE JACOBSON (“key international figure[] in soft IP”), JOHN MARGIOTTA (“flair for securing favourable results in mediation and arbitration”), CRAIG MENDE (“very bright, has tremendous experience”), ALLISON STRICKLAND RICKETTS (“pioneering role in formulating modern trademark protocols”), BARBARA SOLOMON (“really smart, hard-nosed and very knowledgeable”), ROGER ZISSU (“multi-talented”), and LAWRENCE ELI APOLZON, DAVID EHRLICH, RICHARD LEHV, and PETER SILVERMAN (“top-notch services” to “brand owners looking to maximize the value of their intangible assets”). View original ranking at World Trademark Review and firm description at World Trademark Review.

JAMES WEINBERGER argued on February 5, 2015 before the U.S. Court of Appeals for the Ninth Circuit on behalf of the firm’s client, DC Comics, in a lawsuit involving the question of whether the Batmobile is subject to copyright protection as both a character and as a sculptural work. The argument was covered by several press outlets, including the Los Angeles Daily Journal and Law360, and a decision is expected in several months.

DAVID DONAHUE spoke on the “Supreme Court: IP Year in Review” panel presented at the Annual Meeting of the New York State Bar Association’s IP Section on February 9, 2015. In his portion of the panel, David discussed the recent spate of copyright and trademark cases decided by the U.S. Supreme Court, including, for example, Petrella v. Metro-Goldwyn-Mayer, Inc. and Hana Financial Inc. v. Hana Bank.

DAVID EHRLICH was quoted in the INTA’s amicus brief (footnote 8) in the soon-to-be decided case of B&B Hardware, Inc. v. Hargis Industries, Inc. in the U.S. Supreme Court. The issue before the Supreme Court—whether a court in an infringement suit is bound by a Trademark Trial and Appeal Board determination on likely confusion in an opposition or cancellation proceeding—is summarized in our March 2014 newsletter (Newsletter). Read Brief at INTA Bulletin.

NADINE JACOBSON will be speaking on the Madrid Protocol as part of a panel entitled “Highways, Conventions, and Protocols – How Fast Can You Go...Strategies and Considerations for Using Treaties for Efficiently Securing IP Rights in the U.S. and Abroad” at the upcoming Spring 2015 meeting of the American Intellectual Property Law Association in Los Angeles on May 1, 2015.

CRAIG MENDE co-chaired the Copyright Society of the USA’s Mid-Winter Meeting in Nashville, Tennessee, February 12-14, 2015. The conference focused on the topic of copyright reform, including proposals for reform of music publishing and recording rights (e.g., for pre-1972 sound recordings currently excluded from federal statutory protection), photographers’ rights, and preservation of film and sound recordings.

ASHFORD TUCKER co-chaired the New York State Bar Association’s IP Section Annual Meeting on February 9, 2015. He was recently named Co-Chair of the IP Section’s Trademark Committee. CHARLES WEIGELL chairs the Association’s IP Section.