SCOTUS Denies Petition Seeking Review of Second Circuit's Trademark Co-Ownership Ruling

"Confusion as to source is the bête noire of trademark law. The case centered on the word mark Zioness, which was first used in August 2017 by Amanda Berman, founder of Zioness Movement, while she was employed as Director of Legal Affairs at The Lawfare Project, Inc. The Lawfare Project funded the initial creation of the Zioness mark, including the logo, website, and merchandise, and retained a public relations firm to help develop the brand."

"The dispute arose after Zioness Movement registered the trademark with the United States Patent and Trademark Office as the sole owner in May 2020. The Lawfare Project subsequently filed a petition to cancel the registration, alleging ownership and fraud on the USPTO. Zioness Movement then filed a civil action in the U.S. District Court for the Southern District of New York seeking a declaratory judgment of ownership, and The Lawfare Project counterclaimed, asserting the same."

"In the district court, following the trial before Judge Alvin K. Hellerstein, the jury determined that both Zioness Movement and The Lawfare Project, Inc. owned the trademark and that Amanda Berman had not committed fraud. The district court also ordered a $20,000 discovery sanction against The Lawfare Project, Inc."

The Supreme Court denied certiorari in Zioness Movement, Inc. v. The Lawfare Project, Inc., rejecting review of a Second Circuit decision upholding co-ownership of the 'Zioness' trademark. The dispute originated when Amanda Berman, employed at The Lawfare Project as Director of Legal Affairs, began using 'Zioness' in August 2017 alongside founder Brooke Goldstein at a Chicago march. The Lawfare Project initially funded the mark's creation, including logo, website, and merchandise. Zioness Movement later registered the trademark solely with the USPTO in May 2020, prompting The Lawfare Project to petition for cancellation. A district court jury determined both entities owned the trademark and found no fraud by Berman. The Second Circuit upheld this co-ownership arrangement, which the Supreme Court declined to reconsider.

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