The Challenge: Third-Party Announces Identical Trademark, Files for Cancellation of Client’s Registration
A large company announced that it was unveiling the same type of software under the identical trademark as our client’s. The day before the other company announced, with great fanfare, its new software, it also filed a petition to cancel our client’s trademark registration with the Trademark Trial and Appeal Board (“TTAB”) at the U.S. Patent and Trademark Office.
Our client needed a comprehensive strategy to understand the risks and benefits of federal trademark litigation as well as a plan to address the TTAB cancellation filed by the other company. The client needed to act quickly to address the new use of the mark by a high-profile competitor.
The Solution: Holistic Litigation Strategy
AEON Law works with brands end-to-end throughout the process of developing, registering, enforcing, and defending their brands. We are deliberate about our holistic approach to brand strategy and we take pride in educating our clients about the nuances of their cases. Because we work with many startups, we understand a “David versus Goliath” situation like this in which a major corporation takes aggressive action against a smaller company.
We have a wide network of litigation firms with which we work on litigation throughout the country. We also have extensive experience with TTAB proceedings. Because of this experience, we were able to quickly formulate and execute a strategy to file a lawsuit and defend against the TTAB cancellation.
The Solution: Favorable Settlement
Following our quick and deliberate action to address not only the competitor’s new software but also the challenge to the client’s own registration, the parties were able to amicably settle the matter.