St. Onge IP Successfully Defends Motion to Dismiss Trademark Claims
June 14, 2019 by SSJR in Trademarks
St. Onge IP attorneys Gene Winter, Alyson DiLena and Jonathan Winter represent Adweek, LLC in a lawsuit against Defendant, Carnyx Group Limited (a/k/a “The Drum”) in the Southern District of New York. Adweek claims that The Drum has improperly used its famous ADWEEK® trademark on various occasions. The Drum sought to dismiss the lawsuit alleging that its uses were not to refer to The Drum’s services but to a third party. St. Onge IP successfully argued, and the Court agreed, that The Drum’s motion incorrectly applied the legal standard and the “modern test” for trademark infringement. The Court issued its ruling during a telephonic conference whose transcript can be found here.