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SUGHRUE MION EARNS VICTORY FOR CLIENT IN TRADEMARK DISPUTE

12/30/2002

In a pair of related litigation cases, Sughrue Mion defended Lipton Investments, Inc., a firm client, from trademark claims asserted by Skippy, Inc. (plaintiff) related to the Lipton Investment's SKIPPY peanut butter trademark registrations. Both cases were successfully argued by W. Mack Webner, a partner in the Trademark Practice Group at Sughrue Mion, PLLC.

In the first case, the court sided with Lipton Investments and dismissed Skippy's claims for recission of a 1978 agreement between Skippy and Lipton, cancellation of all Lipton-owned SKIPPY peanut butter trademark registrations, a permanent injunction that would have prevented Lipton from using the SKIPPY peanut butter trademark, and monetary damages. In the second case, the court affirmed a Trademark Trial and Appeal Board (TTAB) decision to dismiss Skippy's Petition to Cancel Lipton Investment's trademark registration for SKIPPY for peanut butter.

In both cases, the court agreed with Mr. Webner's arguments that the issue was res judicata and otherwise time barred.