By N.A. Pagliara, Esquire of Pagliara Law Group, P.A. posted in Lawsuits Filed Blog on October 24, 2023.
Pagliara Law Group, P.A. and Attorney Nicholas Pagliara fought this 2 year legal battle for the client. This victory was well deserved and it feels great to give my client as a musician her voice and right to use her first name Jessenia as her musician/artist name. Another Jessenia was the first one to file a trademark protection to use her first name also as Jessenia on her cd covers and Spotify for her original songs. This caused confusion and our client Jessenia had her music commingled on Apple music and Spotify. The other Jessenia sent a letter to the distributors and got them to freeze my clients account and music because she had the trademark protection. We filed a 100 page Petition to cancel showing why out client had common law rights first in the name of “Jessenia” as her first name to use as a musician. We were successful in persuaded the three judges to cancel the other trademark. This is why it is so important to file a trademark first as it will save time and money if you were using the mark first in time.
To see the full docket click here : Full docket
To see the original Petition to cancel click here: Amended Petition to cancel trademark of other
To see the Petitioner’s Motion for Summary Judgment click here: MSJ
To see the Petitioner’s ,Final Trial Brief click here: Our final trial brief
To see the Respondent Final Trial Brief click here: Other side final trial brief
FINAL OUTCOME: click here to see: OUR VICTORY We were successful in getting the other trademark cancelled
Client gave consent for disclosure of her file.
Our client: Jessenia Gallegos – Musician, performer, influencer, actress
IG: Iamjessenia Website: https://iamjessenia.net/
For information on the lawsuit, contact the Pagliara Law Group at 201-470-4181.
We represent artists, models, musicians, actors/actresses, businesses in filing trademarks and defending when we need to cancel or oppose another trademark. . If so contact Pagliara Law Group at 201-470-4181.
AUTHOR: Nicholas A. Pagliara, Esq. Founder, Chairman of the Board and Managing Attorney of Pagliara Law Group, PA.
Contact Us: If you need to file a trademark or have another trademark cancelled. Call us at (201) 470-4181 or fill out the contact form on this page. We can help.
Tags and Topics: Trademarks, Trademark cancellations, TTAB, Entertainment law
See our Entertainment law practice group and our Trademark Cancellation Page.