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Boston, MA, December 7, 2015 – Day Pitney represented Tekni-Plex, Inc., one of the world’s leading manufacturers of innovative, high quality packaging and tubing materials, in a trademark opposition before The Trademark Trial and Appeal Board (TTAB) that resulted in a finding that the competitor's trademark application was voidab initio due to a lack of bona fide intent to use the mark at the time of filing.
In the case Tekni-Plex, Inc. v. Selig Sealing Products, Inc., Tekni-Plex filed an opposition against the registration of a competitor’s trademark that was identical to a mark used by Tekni-Plex. The TTAB opposition proceeding was based on likelihood of confusion with the senior mark. In the discovery phase of the proceeding, the competitor failed to produce any documents or evidence demonstrating that the competitor had a bona fide intent to use the mark at the time of filing. In a summary judgment motion, Tekni-Plex argued that the competitor’s trademark application was void ab initio due to such lack of evidence. The TTAB agreed, granting summary judgment for Tekni-Plex and avoiding a trial on the priority issue.
Day Pitney’s Carrie Webb Olson, Catherine O’Connor and Ryan Osterweil represented Tekni-Plex in this victory.
Partners Kevin J. Duffy and Richard H. Brown authored the article, "Shouting FIRE! (or Worse) on Social Media: The Interplay of the First Amendment and Government Involvement in Efforts to Limit or Remove Social Media Content," which was published in the Intellectual Property & Technology Law Journal.
On August 27, Tracy Friedenberg, Director of Technical Services & Project Management, co-presented "The Accidental Project Manager: Tools & Methodologies to Help You Succeed" at this year's ILTA>ON2020.
Valeriya Svystun will serve on the panel for the Fairfield County Bar Association webinar, "Ethical Issues in Intellectual Property Lawyering."
Day Pitney Alert
Partner Carrie Webb Olson is quoted in Modern Counsel profile of BlackRock's Managing Director and Global Head of IP David Eramian.
Day Pitney Press Release
Day Pitney Press Release
Judge Christopher Droney was mentioned in Hartford Courant op-ed "In virus battle, one nursing home got it right," authored by Kevin Rennie.
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