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Susan Neuberger Weller

Member Emerita

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Susan retired from Mintz in 2026 after over 20 years of dedicated leadership of the firm's Trademark Practice.

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In a non-precedential opinion, the U.S. Trademark Trial and Appeal Board cancelled two US trademark registrations for the mark PORTON,  finding it to be confusingly similar to the mark PATRON.
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Well, a lot has happened since we last reported on the District Court's decision in the FLANAX trademark dispute. As you may recall, the Trademark Trial and Appeal Board granted Bayer's Petition and cancelled the FLANAX registration although Bayer, a German company, did not use the mark FLANAX in the US.
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Further to our post last Friday on the SLANTS trademark case, the U.S. Supreme Court today, without comment, refused the Redskins' Petition to join the SLANTS case challenging the U.S. Trademark Office's ban on "offensive" trademarks.
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The U.S. Supreme Court announced today that it will review whether the U.S. Trademark Office can deny registration of offensive trademarks or whether such prohibition violates the First Amendment.
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Trademark dilution is a concept not easily understood. Although, we have written about this topic in previous posts, a recent decision by the Trademark Trial and Appeal Board, ESRT Empire State Building, L. L. C. v. Michael Liang, Opposition No. 91204122 (TTAB June 17, 2016),  may help to further explain why it is unacceptable to dilute another’s trademark.
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The US Trademark Trial and Appeal Board has, again, explained how and when surnames may function as trademarks.
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The Federal Circuit has upheld the findings of the Trademark Trial and Appeal Board that use of the marks MAYA and MAYARI on wine is not likely to cause confusion.
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As we reported in a recent post, PETA lost its efforts, on behalf of Naruto the monkey, to secure his claim to copyright ownership of his "selfie" photograph. The district court judge held that the copyright law did not recognize an animal's right to own a copyright.
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In August 2014, we posted about a copyright ownership dispute involving selfie photographs. The disputed selfie photographs were taken by a monkey named Naruto in Indonesia in 2011.
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As we ring in the new year, we thought we would remind everyone why the importance of a comprehensive trademark search for a new company name and for a new trademark cannot be overstated:
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News & Press

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173 Mintz attorneys across 53 practice areas have been recognized by Best Lawyers® in the 2026 edition of The Best Lawyers in America©. Five Mintz attorneys received 2026 “Lawyer of the Year” awards, and 61 firm attorneys were included in the 2026 edition of Best Lawyers: Ones to Watch.

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Mintz has been recognized in the 2025 edition of WTR 1000: The World’s Leading Trademark Professionals, marking the fifth consecutive year of acknowledgement by the World Trademark Review. This guide identifies the top trademark professionals and firms in over 80 jurisdictions worldwide. 

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187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.

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NEW YORK, SAN DIEGO, and WASHINGTON, DC - Mintz has been recognized in the 2024 edition of WTR 1000: The World’s Leading Trademark Professionals, marking the fourth consecutive year of acknowledgement by the World Trademark Review. This guide identifies the top trademark professionals and firms in over 80 jurisdictions worldwide. This year, WTR ranked Mintz in New York as a leading firm for “Enforcement and Litigation” and “Prosecution and Strategy.”

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Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.

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WASHINGTON, DC – Mintz is pleased to announce the inclusion of five Members to the 2023 Washington, D.C. Super Lawyers list.

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NEW YORK, SAN DIEGO, and WASHINGTON, D.C. – Mintz has been recognized in the 2023 edition of “WTR 1000: The World’s Leading Trademark Professionals”—a unique guide that identifies the top trademark professionals in key jurisdictions around the globe.

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Best Lawyers® recognized 108 firm attorneys in the 2023 edition of The Best Lawyers in America©. Notably, two Mintz attorneys – Poonam Patidar and Scott M. Stanton – received 2023 “Lawyer of the Year” awards, and 28 firm attorneys were included in the inaugural edition of Best Lawyers: Ones to Watch.

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Mintz Member Susan Weller was quoted in an article published by Law360 discussing the latest trend of misguided trademark applications surrounding COVID-19 and the considerations by trademark lawyers.
Susan Weller, who currently manages Mintz’s Trademark & Copyright Practice, provides commentary in this feature article looking at whether or not the U.S. Supreme Court will revive a federal ban on the registration of profane trademarks.
Mintz is pleased to announce that eight attorneys have been named Washington, D.C. Super Lawyers for 2018 and three others have been named Washington, D.C. Rising Stars. The annual publication identifies lawyers who have attained a high degree of peer recognition and professional achievement.
Law360 published an article discussing BuzzFeed’s decision to drop the “all the news” slogan after being threatened with legal action by the New York Times, thus avoiding a trademark fight. Susan Weller, Mintz Washington, DC Member, is one of the sources quoted in the article discussing the case.
Susan Weller, a Member of Mintz’s Washington, DC office, is featured in an IP Watchdog article on the U.S. Supreme Court’s decision in the Matal v. Tam trademark case. The Supreme Court ruled that the disparagement clause was in violation of the First Amendment. 
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Mintz Member Susan Weller is featured in this Law360 article on the U.S. Supreme Court’s decision to rule in favor of the rock band “The Slants”. The court decided the disparagement clause of the Lanham Act was in direct violation of the First Amendment.
Eight Mintz attorneys have been named Washington, D.C. Super Lawyers for 2017 and four have been named Washington, D.C. Rising Stars. The list will be published in a special advertising supplement in The Washington Post Magazine and in a stand-alone magazine, Washington D.C. Super Lawyers Magazine.
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This article discusses Lee v. Tam, a Supreme Court case involving the band The Slants in their attempt to trademark their name, in opposition to the Lanham Act, which denies trademark protection of any work or name that disparaged someone.
Susan Neuberger Weller is quoted in this Managing Intellectual Property article addressing Lee v. Tam, a U.S. Supreme Court case involving the band The Slants in their attempt to trademark their name and examining the arguments made and how the court may rule.
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Susan Neuberger Weller is among sources quoted in this article discussing a high-profile trademark case involving the Washington Redskins and the band The Slants.
Susan Neuberger Weller, a Member of the Intellectual Property Practice at Mintz, is speaking at the 2016 World Intellectual Property Organization Summer School presented by the U.S. Patent and Trademark Office Global Intellectual Property Academy.
Susan Neuberger Weller, Chair of the Trademark Law Practice, is featured in this Law360 article on being named to Law360’s Intellectual Property Editorial Advisory Board.
Seven Mintz attorneys have been named Washington, D.C. Super Lawyers for 2015 and five have been named Washington, D.C. Rising Stars. The list will be published in a special advertising supplement in Washington Post Magazine and in a stand-alone Washington D.C. Super Lawyers Magazine.
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Events & Speaking

Speaker
Jul
23
2015

World Intellectual Property Organization Academy Summer School

WIPO and United States Patent & Trademark Office

Alexandria, VA

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Susan Neuberger Weller

Member Emerita