Media Mentions
2008
Robert W. Zelnick was quoted in the February 2008 issue of Inside Counsel in an article regarding the use of trademark law to suppress online criticism. As a partner in McDermott's Intellectual Property, Media & Technology Department, Mr. Zelnick discussed the elements needed for a successful trademark infringement case including proof that the website is associated with the sale of goods or services and that use of the trademark confuses at least some of the plaintiff's potential customers. Mr. Zelnick noted, however, that, "people are afraid of losing their house in a legal proceeding, so the dominant response is to accede to the demands made of them. Very few of these cases hit a judge’s desk. The vast majority of law is being made outside judicial scrutiny."
Robert W. Zelnick, Intellectual Property, Media & Technology, Trademark/Brand Protection & Enforcement
2004
Robert Zelnick was quoted in the August 30 issue of The New York Times in regard to Donald Trump's attempt to register the trademark "You're Fired!" with the U.S. Patent & Trademark Office. The USPTO has initially rejected Trump's application to register "You're Fired!," because it could cause confusion with "You're Hired!" -- an existing registered trademark for an educational board game designed to give middle-school students a taste for the job hunt. The article reported that legal experts say conflicts were common early in the registration process, as government lawyers scrutinize applications for similarities between the sight, sound and source of the marks. "It's not just a matter that consumers would overlook the difference between the F and the H," Mr. Zelnick commented.
Robert W. Zelnick, Intellectual Property, Media & Technology, Trademark/Brand Protection & Enforcement
