
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.

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]
Author: Bryce S. Robins

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]
Author: Jesse M. Dimitro

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]
Author: Bryce S. Robins

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]
Author: Angela A. Turiano

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Author: Dan Brecher

Cashing a check marked “paid in full” can be a risky endeavor, particularly if you don’t fully understanding the legal implications. If you are owed more than the amount of the check you accept and deposit, you may waive your right to collect the full disputed amount. That is why you should consider either rejecting […]
Author: Dan Brecher
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!