Partner
Morgan's comprehensive practice includes handling federal district court cases and cancellation and opposition proceedings before the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office (USPTO). Morgan has worked on winning requests for seizures of counterfeit goods and related assets, requests for injunctive relief and temporary restraining orders, class certification briefs, and summary judgment briefs. She also has experience handling competitor and consumer advertising challenges, including class actions.
Strategic enforcement counseling and portfolio management are important parts of Morgan's practice. She counsels clients with large international portfolios on selection, maintenance, and enforcement of trademark rights in the United States and abroad. Morgan has been selected as a Rising Star by Managing Intellectual Property (MIP), recognized as a "Working Mother of the Year" by Seramount (formerly Working Mother), and ranked by World Trademark Review for her contributions to the fields of enforcement and litigation.
3:16-cv-01162, S.D. Cal., Judges Sammartino, Stormes
19-1132, Fed. Cir., Judges Prost, Moore, Wallach
Opposition No. 92059437, TTAB, Judge McCormack
At the lower court, Finnegan prevailed on a Rule 12(b)(6) motion for client Subaru of America. In that suit, the plaintiff asserted trademark and copyright infringement, trademark dilution, and false advertising against Subaru’s annual “Share the Love” holiday-season campaign, which donates money from car purchases to various buyer-designated national and local charities. Subaru’s campaign uses a particular logo comprised of a heart on a hand, and various other “love”-themed designs.
The plaintiff sought enhanced damages, punitive damages over $20 million, and attorneys’ fees. Subaru’s motion to dismiss was based largely on the facial dissimilarities between the parties’ respective designs, which the U.S. District Court for the Northern District of California granted on all counts asserted in the complaint, without leave to further amend.
The plaintiff appealed to the Ninth Circuit, which affirmed the lower court’s decision after finding that the plaintiff did not plausibly allege any claim. The appeals court later denied plaintiff’s petition for rehearing. Consistent with the lower court’s opinion, the Ninth Circuit ruled that the marks at issue were so facially dissimilar that they could not plausibly create a likelihood of confusion, and affirmed the dismissal of the trademark dilution, copyright infringement, and false advertising claims for the same reasons, resulting in a complete win for Subaru.
16-16840, 9th Cir., Judges Lucero, Owens, Thomas
3:16-cv-03384, N.D. Cal., Judge Chesney
2:13-cv-04222, C.D. Cal., Judge Olguin
2:16-cv-08030, C.D. Cal., Judges Stevenson, Walter
3:15-cv-00857, M.D. Tenn., Judges Campbell, Holmes, McCalla
4:15-cv-02274, S.D. Tex., Judge Werlein
5:16-cv-00906, N.D. Cal., Judges Cousins, Freeman
1:16-cv-02434, E.D.N.Y., Judge Brodie
Maglula, Ltd. v. Amazon.Com, Inc. et al
1:19-cv-01570, E.D. Va., Judge O'Grady
CFA Institute v. American Society of Pension Professionals & Actuaries et al.
3:19-cv-00012, W.D. Va., Judge Moon
LG Electronics MobileComm U.S.A., Inc. v. Xiaowen
3:16-cv-01162, S.D. Cal., Judges Sammartino, Stormes
Patagonia, Inc. v. Chelsea International Inc.
2:16-cv-08030, C.D. Cal., Judges Stevenson, Walter
Russell Minoru Ono v. Head USA, Inc.
2:13-cv-04222, C.D. Cal., Judge Olguin
Ambev S.A. v. Cervejaria Petropolis SA
19-1132, Fed. Cir., Judges Prost, Moore, Wallach
Opposition No. 92059437, TTAB, Judge McCormack
Articles
Unpacking Prime Hydration’s Olympic TM Suit Unpacking Prime Hydration’s Olympic TM Suit
August 8, 2024
World IP ReviewINCONTESTABLE® Blog
Going for Advertising Gold: Guidelines for Advertising During the Olympic and Paralympic Games Going for Advertising Gold: Guidelines for Advertising During the Olympic and Paralympic Games
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Going for Advertising Gold: Rules for Advertising During the Olympic and Paralympic Games Going for Advertising Gold: Rules for Advertising During the Olympic and Paralympic Games
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No Sugarcoating: Deception in a Product Name No Sugarcoating: Deception in a Product Name
January 23, 2024
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5-Hour Energy Feeling Recharged After Competitor’s False Advertising Claim Dismissed 5-Hour Energy Feeling Recharged After Competitor’s False Advertising Claim Dismissed
December 20, 2023
INCONTESTABLE® Blog
Judge Tells Jade Singer to “Walk Away” from Federal Trademark Suit Judge Tells Jade Singer to “Walk Away” from Federal Trademark Suit
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Award/Ranking
Finnegan Tops the 2024 World Trademark Review 1000, Receiving New Regional Accolade Finnegan Tops the 2024 World Trademark Review 1000, Receiving New Regional Accolade
February 13, 2024
World Trademark ReviewAward/Ranking
Managing Intellectual Property Names Four Finnegan Partners 2023 Rising Stars Managing Intellectual Property Names Four Finnegan Partners 2023 Rising Stars
October 18, 2023
Managing Intellectual PropertyPress Release
Finnegan Tops the 2023 WTR 1000, with 12 Attorneys Ranked Finnegan Tops the 2023 WTR 1000, with 12 Attorneys Ranked
February 7, 2023
World Trademark ReviewAnnouncement
Finnegan Announces 2022 Mentors of the Year Finnegan Announces 2022 Mentors of the Year
December 30, 2022
Announcement
Managing Intellectual Property Recognizes Three Finnegan Partners as Rising Stars Managing Intellectual Property Recognizes Three Finnegan Partners as Rising Stars
October 12, 2022
Managing Intellectual PropertyPress Release
Finnegan Welcomes Eight New Partners Finnegan Welcomes Eight New Partners
January 3, 2022
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