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.
Day Pitney Miami Litigation Partner Georgia A. Thompson was recognized by South Florida Business & Wealth magazine with a 2023 Up and Comer Award—Excellence in Leadership (Existing Company).
Day Pitney Press Release
Day Pitney Press Release
Day Pitney Litigation Partner Mark A. Romance authored an article with Victor Garrido (Dumont) titled, "Back to Work in Person – Evolution or Revolution?" for the International Trademark Association.
Day Pitney Intellectual Property Partners Elizabeth Alquist, Richard Brown, George Chaclas and Jonathan Tropp have been named to Managing IP's IP Stars 2023 Lists.
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