Vedder Thinking | News Vedder Price Achieves Significant Victory Before TTAB
IP Attorneys Successfully Navigate New Trademark Invalidation Rules for Victory on Behalf of Stawski Distributing Company
In a major win for client Stawski Distributing Company, Vedder Price Intellectual Property attorneys have successfully convinced the U.S. Trademark Trial and Appeal Board (TTAB) to deny a petition for cancellation of the trademark Zytnia Vodka, ending a nearly decade-long dispute with Polish-based Slaska Wytwornia Wodek Gatunkowtch “Polmos” SA over use of the mark. Citing new requirements for invalidation set forth in the recent In re Bose decision by the Court of Appeals for the Federal Circuit, the Board ruled that Stawski Distributing Company is the rightful owner of the Zytnia Vodka trademark.
“We are very pleased with the Judges’ decision in this case,” stated Shareholder Robert S. Beiser and Associate Alain Villeneuve, who are both members of Vedder Price’s Intellectual Property group and served as the firm’s legal team. “This was certainly a hard-fought victory and we are proud that we were able to achieve a result that protects our client’s business interests to the fullest extent possible.”
Beiser and Villeneuve argued that the standards for invalidation as recently revised had not been met by Slaska Wytwonia Wodek Gatunkowtch “Polmos” S.A. and therefore the Zytnia trademark should be considered valid and incontestable. Calling Polmos SA’s argument for invalidation “far from clear and convincing," the Board agreed, ruling that the evident “do[es] not satisfy” these new standards.
Providing further counsel in this case, Slaska Wytwornia Wodek Gatunkowtch “Polmos” SA v. Stawski Distributing Company, Inc., was Richard Zachar.
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Vedder Price is a business-oriented law firm with 250 attorneys in Chicago, Washington DC and New York. Since its inception in 1952, the firm has counseled clients across a broad spectrum of industries with regard to litigation, labor and employment, and corporate finance and transactional matters. The firm’s Intellectual Property group is made up of over 15 attorneys who concentrate in patent, trademark, copyright and technology law.
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