Nelson, Mullins, Riley & Scarborough - US Trademark Rankings 2023
Firm Overview:
Full-service Nelson, Mullins, Riley & Scarborough extends over 30 locations in the US and assists clients with all aspects of trademark prosecution and litigation. The practice brings a business-focused approach to a diverse pool of clients, managing portfolios of Fortune 500 companies and working with small startups with one or two trademarks. The prosecution practice manages registrations and filings both in the US and worldwide. With its network of global associates, Nelson Mullins is able to cooperate with foreign counsel on international opposition and enforcement matters. The team litigates before the United States Patent and Trademark Office, federal and state courts and manages international cases, including supervising counsel before the Tribunal de Grande in Paris.
Key Matter:
- Nelson Mullins represented a multimillion-dollar brand after its trademark application had been rejected by the Trademark Office and prior counsel had advised abandoning the application. Nelson Mullins successfully obtained the registration and litigated in trademark proceedings on behalf of the client in the US, Europe and Taiwan.
- Nelson Mullins represents the University of South Carolina against ‘The Spurs Up Show’, a University of Carolina focused but unaffiliated sports podcast boasting “The best Gamecocks coverage on the internet”, which registered the mark ‘Beamer Ball’.
- Gamecocks Football, the university’s college American football team, describes its playing ethos as “Beamer Ball”. The term was initially coined in association with the coaching style of Virginia Tech and college football hall of fame coach Frank Beamer, father of Gamecocks coach Shane. The team’s annual summer ball, held on home field Williams-Brice stadium, is called ‘The Beamer Ball’.
- Nelson Mullins partner John McElwaine filed an opposition claiming; i. priority for the University of Carolina, ii. a likelihood of confusion caused by the registered mark, and iii. the mark falsely suggests a connection between the podcast and the university.
Clients:
Beauty Bakerie Cosmetics Brand, Porter’s Real Barbecue Company, RealToken Technologies, Taajir Capital, University of South Carolina.
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