Olshan Achieves Major Litigation Victory for Client Now-Casting Economics, Ltd. in Second Circuit Regarding Use of the Term “Nowcast”

Law360 (subscription required) and Bloomberg Law (subscription required) have reported on the victory for Olshan client Now-Casting Economics, Ltd., a London-based company offering economic prediction services, who prevailed in the Second Circuit against Economic Alchemy LLC in an infringement dispute over the use of the business name Now-Casting Economics Ltd., as well as its logo, that incorporates the words NOWCAST and NOW-CAST, which  Economic Alchemy LLC claimed it owned unregistered trademark rights over for various economic services. Though it bore the burden, Economic Alchemy LLC failed to establish that it owned any valid trademark rights in the Disputed Terms because it could not demonstrate: 1) that the disputed terms were capable of acquiring trademark protection and 2) that it was the senior user of the disputed terms. After Now-Casting prevailed on a summary judgment in the Southern District of New York, Economic Alchemy appealed the decision to the Second Circuit, but in a concise opinion, the Second Circuit affirmed the district court’s decision. The Olshan team included Intellectual Property Law Group Chair and Brand Management & Protection Group Co-Chair Mary Grieco, Litigation Co-Chair Brian Katz. Litigation Partner Kyle Bisceglie, Litigation Counsel Katherine Mateo and Intellectual Property/Brand Management and Protection Associate Morgan Spina.