A Big Bunch of Litigator of the Week Runners-Up and Shout Outs

Mark Sommers, Naresh Kilaru, and Morgan Smith were recognized as a “Litigator of the Week” runner-up for securing a trademark litigation win for the American Retirement Association (ARA), a nonprofit organization that offers educational programs on employer-based retirement plans. ARA launched a new credential under the name Certified Plan Fiduciary Advisor (CPFA) and faced claims from the Chartered Financial Analyst Institute alleging the “CPFA” acronym infringed on the trademark for its “Chartered Financial Analyst” program, which operates under the acronym “CFA”. Unlike the CPFA credential, the “Chartered Financial Analyst” credential is generally targeted at financial advisors. The CFA Institute opposed ARA’s trademark application at the Trademark Trial and Appeal Board (TTAB) and then later filed a trademark infringement lawsuit in the U.S. District Court for the Western District of Virginia. After the close of discovery, ARA filed a motion for summary judgment on liability and, in the alternative, summary judgment on compensatory damages. On November 5, the district court granted ARA’s motion for summary judgment finding CFA Institute couldn’t overcome “evidence regarding the sophistication of the consuming parties, the innocent intent of defendants, and, most importantly, the absence of any evidence indicating actual confusion in the marketplace.”