The Second Circuit Court of Appeals recently issued an order concerning ongoing litigation about our ownership of the Zioness trademark. While we have avoided the court of public opinion on this matter––preferring to focus our energy on the passionately Zionist social justice organizing that our community so deeply needs––we are aware that our opponents in this litigation are claiming a “victory.” Therefore, we feel the need to correct the record.
First, Brooke Goldstein’s Lawfare Project resoundingly lost in their goal of canceling Zioness Movement, Inc.’s ownership of the Zioness trademark. The jury unanimously found that Zioness continues to own the trademark. The jury also unanimously rejected The Lawfare Project’s outrageous accusation that Zioness committed fraud on the Trademark Office by registering exclusive ownership.
Second, Lawfare vindictively brought 11 claims against Zioness and our founder, Amanda Berman, with the goal of improperly expanding the litigation. All of their non-trademark claims have been dismissed with prejudice, including baseless claims of copyright infringement. In the course of litigating these meritless claims, Lawfare was sanctioned by a federal judge for what he called “notorious and willful” discovery misconduct.
Third, Zioness filed a demand for reimbursement of legal fees in excess of $846,000 from The Lawfare Project. The Second Circuit has now ordered the trial court judge to recognize Zioness as the prevailing party on the copyright claims, and consider Zioness’s fee request accordingly.
The trial court did find that the trademark should be shared by both entities––a finding that we believe flies in the face of trademark law and is both legally untenable and practically unworkable. A trademark is meant to distinguish goods or services from competitors. Two entities that compete in the same ‘market’ and have entirely different ‘products’ cannot share a trademark. This finding creates consumer confusion, where trademark law exists to eliminate it. Zioness will therefore continue to vigorously pursue an outcome that honors the law and the truth, and that defends our trademark, our brand, our movement and our mission.
With endless appreciation for your commitment to Zioness,
Team Zioness
For more information, here is a more comprehensive history of this case to date:
In 2020, our Founder, Amanda Berman, received notice that Brooke Goldstein’s Lawfare Project, Amanda’s former employer, had filed papers seeking to cancel Zioness Movement, Inc.’s trademark ownership of the word Zioness. This trademark was registered to Zioness, with Lawfare’s full knowledge, and with no opposition filed to contest the registration. The word Zioness had, for 3 years, already been strongly associated with our Zionist social justice movement that tens of thousands of activists around the country mobilized around and considered their only political and organizing home.
With no choice but to vigorously defend the trademark we rightly owned––as is required of any trademark owner––and in the face of endless stonewalling by The Lawfare Project in the trademark court in which they had filed their petition, we moved the case to federal court. After rejecting a settlement offer, and then losing an attempt to force the matter to arbitration, Lawfare responded by filing 11 vindictive claims against Zioness and Amanda personally, which they refused to withdraw and forced us to litigate for two years.
All of Lawfare’s non-trademark counterclaims have now been dismissed with prejudice––including meritless claims of copyright infringement. Zioness filed a demand for reimbursement of legal fees in excess of $846,000 from The Lawfare Project, and the Second Circuit has now ordered the trial court judge to recognize Zioness as the prevailing party on the copyright claims and consider Zioness’s fee request accordingly.
Brooke Goldstein’s Lawfare Project resoundingly lost in their goal of canceling Zioness Movement, Inc.’s ownership of the Zioness trademark. The jury unanimously found that Zioness continues to own the trademark. The jury also unanimously rejected The Lawfare Project’s outrageous accusation that Zioness committed fraud on the Trademark Office by registering exclusive ownership.
The trial court did, however, find that the trademark should be shared by both entities––a finding that we believe flies in the face of trademark law and is both legally untenable and practically unworkable. A trademark is meant to distinguish goods or services from competitors. Two entities that compete in the same ‘market’ and have entirely different ‘products’ cannot share a trademark. This finding creates consumer confusion, where trademark law exists to eliminate it. And The Lawfare Project has now used the Zioness trademark in various ways that illuminate their intention to create consumer and donor confusion, erode the value and clarity of the Zioness brand, and associate our movement with political views that the Zioness base finds repugnant and antithetical to our values.
We intend to vigorously pursue an outcome that honors the law and the truth, and that defends our trademark, our brand, our movement and our mission. Anything less would be an abdication of our obligation to protect our movement, our team and our stakeholders at such a pivotal time.
Zioness leadership has worked tirelessly to build our powerful, inspiring national movement––even in the face of astonishing efforts by a Jewish litigation organization to abuse the legal system in an attempt to destroy a Jewish progressive organization and harass a former employee. This is not fighting antisemitism. It is not fighting for Israel, or for our democracy, or to free the hostages. It is painful and unfortunate that we have been forced to address this––let alone endure it.
We have not discussed this litigation publicly before now because it is a distressing distraction from our critical work at such a difficult and urgent moment for our community. As we fight for our brand identity––which we know has immeasurable value for our members––we will also continue fighting for a better world, and hope that all our friends, supporters, activists and allies will keep fighting alongside us.