The work of Barton’s Intellectual Property Litigation group was recently highlighted in a Bloomberg Law article titled, “‘Financial Quarterback’ Trademark Dispute Survives Court Hurdle.”
In Jalinski Advisory Group, Inc. v. JBL Financial Services, Inc. (E.D. Mo., No. 4:19-cv-01914), New Jersey-based financial advisory firm (and Barton client) Jalinski Advisory Group lodged a complaint against Missouri-based advisory company JBL Financial Services for trademark infringement. Jalinksi, which owns the trademark for the term “Financial Quarterback,” alleged that JBL unlawfully used the term in its advertising, along with similarly related terms such as “Retirement Coach.”
JBL filed a motion for summary judgment, but “failed to completely escape trademark claims that its use of ‘Retirement Coach’ in connection with ‘Financial Quarterback’ in ads infringed the rights of [Jalinksi Advisory Group],” notes the Bloomberg article.
The article further explains that “…JBL did occasionally use the term ‘financial quarterback’ in social media posts and on its website. There are also factual disputes over the competitive proximity of both parties’ markets and how careful consumers are in distinguishing the trademarks.”
On April 20, 2022, the Court denied JBL’s motion for summary judgment where both terms in question were used in conjunction, allowing Jalinksi’s trademark suit to proceed.