Cowan, Liebowitz & Latman - US Trademark Rankings 2023
Firm Overview:
General practice New York firm Cowan, Liebowitz & Latman is a “good firm” that “does a lot of prosecution and (has) a pretty active trademark litigation group”. Services include counselling clients from diverse industries on evaluating proposed names and marks, clearing and registration, use of marks for goods, managing portfolios worldwide and litigation. The firm’s trademark attorneys practice before the USPTO, the TTAB, the ITC, UDRP service providers, and in courts of general jurisdiction. In addition, the team supports clients in negotiating licences and agreements.
Team Overview:
The Trademark Group is staffed by trademark administrators knowledgeable in US and international trademark practice. The trademark administration department manages more than 30,000 trademark records and administers international registration programmes. Litigator Richard Mandel regularly represents clients in federal court actions, contested proceedings before the TTAB and arbitrations and other alternative dispute proceedings.
Key Matter:
- S&P Global v S&P Data (D. Del. 2022). Mandel and Joelle Milov successfully represented plaintiff S&P Global at trial in obtaining a permanent injunction against the use of the ‘S&P Data’ mark for contact centre services. The court found the defendant’s use caused a likelihood of confusion under the Lanham Act and likelihood of dilution under Delaware law with respect to the plaintiff’s S&P marks for financial services, including the S&P 500 index.
- Meenaxi Enterprise v Coca-Cola (Fed. Cir. 2022). Cowan Liebowitz, led by Mandel, successfully obtained reversal, on appeal, of a TTAB judgment cancelling registrant Meenaxi’s ‘Thums Up’ and ‘Limca’ registrations for soft drinks under section 14(3) of the Lanham Act (misrepresentation of source of goods). The Federal Circuit ruled Coca-Cola lacked statutory standing to assert claims based on the fame and recognition of its ‘Thums Up’ and ‘Limca’ marks in India, because there was not substantial evidence establishing the reputation of those marks extended to the United States. Coca-Cola had thus failed to establish reputational injury in the United States that would support bringing a claim for cancellation.
- Sony Pictures Television v Noorbakhsh (TTAB 2022). Cowan Liebowitz successfully argued opposition at an oral hearing on behalf of Sony Pictures following post-trial acquisition of the opposer’s registration and substitution as counsel. The Board held ‘Cobra Kai’ for t-shirts confusingly similar to ‘Cobra Kai Jiu Jitsu’ for martial arts facilities given the common practice of licensing trademarks for use on a diverse range of collateral products.
- New York partners Eric Shimanoff and Jonathan King advise iconic Little Tree car air freshener maker, Julius Sämann, on a TTAB opposition to the mark ‘Savia’ by Young Bok Lee.
- Maryann Licciardi is advising Cleveland Guardians Baseball on a pending TTAB opposition by Charged Up Entertainment to the filing of the mark ‘C’.
Clients:
Cleveland Guardians Baseball, Julius Sämann, Sony Pictures, S&P Global.
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