Jennings Strouss Obtains Summary Judgment in Rare Concurrent Use Proceeding for Atomic Comics, Inc.


On April 9, 2007, the Trademark Trial and Appeal Board granted a Motion for Summary Judgment filed by Jennings Strouss on behalf of its client Atomic Comics, Inc. in a concurrent use proceeding involving the mark Atomic Comics. This proceeding had been initiated by Atomic Comics Inc., in 2000 through prior counsel, but the matter had languished for five years until Jennings Strouss was hired.

In granting summary judgment, The Board ruled that Atomic Comics was entitled to a concurrent use registration for the mark ATOMIC COMICS for the entire United States except for the Commonwealth of Virginia, which is what Atomic Comics had been seeking. The Board ruled the there had been the required showing that Atomic Comics Inc was entitled to the registration.

Concurrent Use proceedings before the Trademark Trial and Appeal Board have been described by a leading commentator as "rare as a traffic cop in Boston." Concurrent use registrations provide the registrant with exclusive rights in a designated part of the country, and exclude other parts where there may be a party claiming rights in the same or a similar mark.

Glenn Bacal, chair of the firm's Intellectual Property practice group, was the lead counsel for Atomic Comics, Inc. He was assisted by Steve Lawrence, senior intellectual property litigation associate and by Jamie Tuccio, intellectual property paralegal.

Mr. Bacal regularly represents clients before the Trademark Trial and Appeal Board in regard to trademark application and registration matters. These proceedings usually involve oppositions or cancellations, or appeals from a decision of an examining attorney on an application.