Cognate's Trademark Blog

The Fish Fight Rumbles To A Close

We reported on this a few weeks back so we thought we ought to let you know there’s been a conclusion of sorts.

World IP Review reported 8 November.

The trademark dispute between law firms Fish IP Law and Fish & Richardson over the word ‘Fish’ has been dismissed by the plaintiff.

To remind you here’s the background c/- World IP Review

In September, California-based law firm Fish IP Law filed a complaint for declaratory judgement of non-infringement, after claiming it had received cease-and-desist letters that led to a “real and reasonable apprehension that it would be subject to a claim for liability for trademark infringement”.

The complaint was filed at the US District Court for the Northern District of California, Oakland Division.

According to the complaint, Robert Fish has continuously used the name Fish as part of the name of various law firms in which he was sole owner or partner since 1995.

“Despite the inclusion of the word ‘Fish’ in its service mark, F&R owns no right to the word ‘Fish’ alone or when placed alongside a description of the services provided by Fish IP Law, or any other entity for that matter,” said the suit.

A spokesperson for Fish & Richardson told WIPR at the time that the claims were “not supported by the facts and have no legal merit”.

“It is an overreaction to a very simple request,” they added.

However, the suit was voluntarily dismissed on Monday, November 6

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