Second Circuit Court of Appeals Rules in Favor of The Lawfare Project In Trademark Dispute

NEW YORK, Jan. 21, 2025 /PRNewswire/ -- The Lawfare Project (TLP) has secured another decisive legal victory in its ongoing trademark dispute with Zioness Movement Inc. (ZMI) over the "Zioness" trademark. Building on a unanimous jury verdict affirming TLP's rights as co-founder and co-owner of the trademark, TLP's attorneys at Oved & Oved LLP successfully countered ZMI's latest legal challenges.

In a recent decision by the Second Circuit Court of Appeals, ZMI's motion to stay the District Court's Order and Judgment incorporating the jury verdict pending appeal was denied, an administrative stay was vacated, and ZMI's motion for sanctions against TLP was dismissed. This ruling reinforces TLP's earlier triumph in the Southern District of New York establishing its co-ownership of the Zioness trademark.

The latest victory follows a nearly two-week jury trial before Judge Alvin K. Hellerstein, during which Oved & Oved defended TLP against ZMI's allegations of trademark infringement. The jury's unanimous verdict confirmed TLP's status as a co-owner and co-registrant of the federally registered Zioness trademark. Judge Hellerstein's Order and Judgment unequivocally stated: "[Plaintiff] and The Lawfare Project, Inc. are equal co-owners of the trademark rights in and to the ZIONESS trademark, with equal rights to use the trademark. The Lawfare Project, Inc., has not infringed upon [Plaintiff's] trademark rights." Judge Hellerstein also directed the U.S. Patent and Trademark Office (USPTO) to amend the Zioness trademark registration to reflect TLP's co-ownership. ZMI's subsequent efforts to challenge the ruling—including a motion to stay the order and a request for sanctions against TLP—were decisively rejected by the Court of Appeals.

Brooke Goldstein, founder and executive director of TLP, celebrated the outcome: "We are thrilled with the Court of Appeals' recognition of the lack of merit in ZMI's claims. This decision allows us to fully enjoy the rights and benefits of co-ownership and co-registration of the Zioness trademark—a hard-earned victory made possible by our outstanding legal team at Oved & Oved."

Attorneys Darren Oved, Terrence Oved, Aaron Solomon, and Timothy Savitsky of Oved & Oved commended the judiciary's consistency. "At every stage of this litigation, ZMI has tried and failed to obstruct TLP's rightful co-ownership of the Zioness trademark. We remain steadfast in protecting TLP's rights," they said.

SOURCE Oved & Oved LLP