Thank you for sharing!

Your article was successfully shared with the contacts you provided.
http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46116 Judge Cote RELATED ACTIONS arose from the claim of First National Bank of Omaha (FNBO) that its SMART ONE mark is infringed by the ONESMART mark used by plaintiff MasterCard International Inc. in connection with plaintiff’s smart card services. FNBO moved for partial summary judgment on its claim to enjoin plaintiff from using the term ONESMART, alleging that ONESMART infringes FNBO’s SMART ONE mark. The court denied the motion, finding that FNBO has not shown that it is entitled to a rebuttable presumption that the SMART ONE mark is valid and protectible, adding that FNBO’s SMART ONE mark is not yet registered with the U.S. Patent and Trademark Office. The court disagreed with FNBO’s argument that plaintiff’s attempt to register ONESMART without disclaiming the terms “one” or “smart” permits summary judgment on the validity and protectibility of the SMART ONE mark.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.