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Lawyer Detail

Jennifer Insley-Pruitt

Practice Description
Ms. Insley-Pruitt is an associate in Fross Zelnick’s litigation practice, focusing on litigation in the areas of copyright, trademark, and unfair competition. Named a New York SuperLawyers Rising Star in 2015 and 2016, she represents clients on matters related to intellectual property rights across a range of industries, including publishing, fashion, entertainment, pharmaceuticals, and consumer products.

Prior to joining Fross Zelnick, Ms. Insley-Pruitt was an associate in the litigation department of a leading New York law firm.

University of Chicago (A.B. with honors 2001), Phi Beta Kappa, Student Marshal; J. William Fulbright Fellowship (2001-02); University of Pennsylvania (M.A. 2004); New York University School of Law (J.D. 2008), Robert McKay Scholar, Editor-in-Chief, New York University Journal of International Law & Politics.

Super Lawyers® 2017 New York Metro Rising Stars

Law Clerk to the Honorable Barbara S. Jones, United States District Court for the Southern District of New York (2009-10); Law Clerk to the Honorable Chester J. Straub, United States Court of Appeals for the Second Circuit (2010-11).

New York State
United States District Courts for the Southern, Eastern, and Western Districts of New York

Selected Cases

Opp. No. 91218461 (T.T.A.B. July 19, 2017)

On behalf of client Athleta, the Firm prevailed in an opposition against applications to register ATHLETIKA and ATHLETIKA SP in connection with sports medicine products. The claim was based on Athleta's rights in the ATHLETA mark for women's fitness and active wear.

1:14-cv-01163-GBD (S.D.N.Y.)

Represented defendant restaurant in a trademark infringement action brought by a technology education company involving the name GENERAL ASSEMBLY.

Case No. 13-21039 (S.D. Fla. Mar. 31, 2014)

The court granted the Firm's motion to dismiss the case, based on lack of subject matter jurisdiction, because the allegedly infringing acts occurred in Mexico and other Central and South American countries. The court held that foreign websites that can be seen in Florida were not sufficient to give the court subject matter jurisdiction, nor was one shipment to Florida by a non-party dealer. The court did not give the plaintiff leave to replead.

No. 1:13-cv-00780 (N.D. Ill. July 1, 2013), aff'd 735 F.3d 735 (7th Cir. 2013)

The Firm obtained a preliminary injunction on behalf of Kraft Foods Group Brands, LLC , owner of the CRACKER BARREL trademark in connection with cheese, against restaurant company, Cracker Barrel Old Country Stores, Inc. and prominent meat distributor, John Morrell & Co.  The decision was affirmed by the U.S. Court of Appeals for the Seventh Circiut.

Published Works

"Ethics in the Trademark Arena," INTA Trademark Administration 2016

INTA member may view the entire chapter here.

TTAB Incorrectly Evaluated Alleged Genericness of Pretzel Crisps Mark

Mondaq, September 21, 2015.

Ninth Circuit Court of Appeals: Use of Deceased Celebrity's Image On T-Shirts Constitutes False Endorsement Under Lanham Act

Mondaq, June 10, 2015.

Pretzel Crisps Found Generic and Unregistrable

Mondaq, August 5, 2014.