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July 25, 2014
Cadwalader, Wickersham & Taft LLP, a leading counselor to global financial institutions and corporations, advised Anheuser-Busch in the case Action Ink, Inc. v. Anheuser-Busch, Inc. The Fifth Circuit held that Action Ink, a sports marketing company, abandoned its trademark "The Ultimate Fan" because it has not used the mark in nearly 20 years. The Fifth Circuit affirmed the Eastern District of Louisiana's grant of summary judgment for Anheuser-Busch on collateral estoppel grounds. Just weeks before suing Anheuser-Busch in January 2012 for trademark infringement, among other claims, Action Ink sued the New York Jets, a professional football team, alleging infringement of the same mark. The Eastern District of Louisiana granted the New York Jets summary judgment based on Action Ink's abandonment and ordered cancellation of the mark. That decision collaterally estopped Action Ink from proceeding with its claims against Anheuser-Busch. The Fifth Circuit affirmed both district court decisions.
The Cadwalader team was led by litigation partner Peter Edward Moll and included Elizabeth M. Wright, an associate in the Litigation Department.