
Fred D. Zemel
Partner
201-896-7065 fzemel@sh-law.comFirm Insights
Author: Fred D. Zemel
Date: October 27, 2014

Partner
201-896-7065 fzemel@sh-law.comA Kentucky company recently filed a lawsuit alleging that the Obama Administration is liable for trademark infringement. The dispute centers on the Department of Treasury’s planned launch of a government-sponsored retirement savings program called “myRA.”
As detailed in court documents, My Retirement Account Services LLC currently operates a website, GetMyRA.com, and has registered the corresponding trademark. The company maintains that the name of the President’s retirement program is confusingly similar to its mark, citing the U.S. Patent and Trademark Office’s recent denial of the government’s application to register “myRA.”
The complaint specifically alleges, “Plaintiff’s customers and the public are likely to be, and have been, deceived and confused as to the source.” Accordingly, the company is seeking a permanent injunction in addition to monetary damages.
In order to bring a successful trademark infringement suit, My Retirement Account Services LLC must demonstrate that the Treasury’s use of “myRA” has created a likelihood of confusion about the origin of its services. Factors that the court will consider include:
In support of its allegations, the company reports a steep drop off in traffic to its website. It further maintains that the government’s “myRA” mark has resulted in the “nullification of Plaintiff’s ability to promote its services using its MYRA Marks and the loss of potential customers who cannot find Plaintiff’s individual retirement account services at all or who may find the Defendant’s competing product an acceptable alternative.”
As this case highlights, intellectual property rights can have a direct impact on a company’s operations. If you have any questions about this case or would like to discuss this topic, please contact me or the Scarinci Hollenbeck Intellectual Property and Technology attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!