September 2017

News & Press

Fross Zelnick was ranked fifth in Law 360’s July 2017 ranking of “The Best Law Firms for Women” in the category of law firms with 20-149 lawyers.

The Legal 500 (2017) recommends Fross Zelnick as a top-tier firm in the U.S. for Trademarks: Non-Contentious, and also recognizes the firm for Copyright and Trademarks: Litigation. Listed as “Leading Lawyers” in the United States are: David Ehrlich (Trademarks: Non-Contentious), Barbara Solomon (Trademarks: Litigation), and Roger Zissu (Copyright). The publication also recommends Cara Boyle (Trademarks: Non-Contentious), David Donahue (Copyright, Trademarks: Non-Contentious), Richard Lehv (Trademarks: Litigation), Laura Popp-Rosenberg (Trademarks: Litigation), and James Weinberger (Copyright, Trademarks: Litigation, Trademarks: Non-Contentious).

Best Lawyers in America (2018 Edition) has nominated to their list Richard Lehv (Copyright, Litigation – Intellectual Property, Trademark), John Margiotta (Copyright), Craig Mende (Litigation – Intellectual Property), Allison Strickland Ricketts (Trademark), and Roger Zissu (Copyright, Litigation – Intellectual Property).

James Weinberger and Emily Weiss prevailed on behalf of longtime client DC Comics (“DC”) before the Trademark Trial and Appeal board (the “Board”) in an opposition involving THE FLASH character and related trademarks. DC had opposed an application to register the mark FLASH TEC together with a lightning bolt design in connection with clothing. In a lengthy decision dated August 8, 2017, the Board held that THE FLASH was “a valuable intellectual property asset with marketplace strength” and found that FLASH TEC was likely to cause confusion.

Susan Upton Douglass has been selected for inclusion in the Who’s Who Legal: Thought Leaders 2018, a selective new guide featuring “the most highly regarded lawyers and consulting experts,” based on independent research of “those who truly stand out in their field as being leaders and who are held in the highest esteem by their clients and fellow practitioners.”

David Ehrlich is mentioned in a newly published biography of the singer/songwriter Jimmy Buffett, Jimmy Buffett: A Good Life All The Way by Ryan White. The book summarizes the opposition proceeding which we filed in 1983 for Buffett, which became a major legal basis for the later growth of a huge and ongoing licensing program for MARGARITAVILLE. We opposed an application for MARGARITAVILLE (the name of Buffett’s most famous song) by a restaurant chain, alleging that the applicant’s unauthorized use of the famous song title would falsely suggest a connection with Buffett, a legal claim that Ryan’s book says “hadn’t been done before.” Jimmy Buffett v. Chi-Chi's, Inc. 226 U.S.P.Q. 428 (T.T.A.B. 1985). The case expanded the boundaries of law prohibiting registration of marks that falsely designate a connection with a person, holding that MARGARITAVILLE was equivalent to Buffett’s nickname and, therefore, was unregistrable by another as a slogan for restaurant services.

Allison Strickland Ricketts was interviewed by Clarivate Analytics in June 2017 for their white paper on design mark searching, “How Image Recognition Transforms Design Mark Searches.”

James Weinberger is speaking on a panel at the 45th annual meeting of the Intellectual Property Owners Association in San Francisco on September 18, 2017. James will be one of several in-house and outside trademark counsel addressing issues relating to strategic partnerships between in-house legal departments and their outside lawyers.

The latest Spring 2017 issue of the Journal of the Copyright Society of the USA has published the Society’s forty-sixth Annual Donald C. Brace Memorial Lecture delivered by Roger Zissu on November 17, 2016. A copy of the lecture is available here.