Intellectual Property Group Prevails in Trademark Dispute Before the U.S. Patent and Trademark Office

On October 20, 2010, attorneys from the firm’s Intellectual Property Group prevailed on behalf of one of the firm’s clients in a trademark dispute before the U.S. Trademark Office. Our work resulted in the termination of an opposing party’s trademark application for a mark that infringed on the client’s previously registered mark.

The case involved a dispute over a trademark application filed with the Trademark Office for the mark “ETF Trend Trading.” The application was filed by DMET, LLC, a California based financial advisory firm that sells investment training materials on exchange traded funds via the Internet. The trademark examiner approved the mark for registration on the supplemental register despite the fact the mark appeared confusingly similar to several previously registered marks, including “ETF Trends,” a mark owned by one of the firm’s clients. The client sought initially to persuade the company to cease all uses of the “ETF Trend Trading” mark in commerce because it infringed on the “ETF Trends” mark. >Read more