Mr Martin L Saad

Martin L Saad

Lawyer biography

Marty Saad of the firm's Washington, DC office is a member of the intellectual property litigation group. Marty has experience in all stages of litigation, working primarily on federal cases involving intellectual property, antitrust, advertising, and other commercial matters. He serves clients in many industry sectors, including consumer products, pharmaceuticals, biotechnology, and energy, and provides guidance on litigation, government, and media strategies.


Intellectual Property

Mona Lisa or dog doo? Humour avoids trademark liability
USA | 12 April 2021

Trademark holders often face the dilemma of whether and how to respond when their marks are used for comic effect, particularly when the humour is at their expense for another's commercial gain. Instinctively, trademark holders want to protect their marks, often with an aggressive legal response. However, that approach is not always wise and is now less likely to succeed, at least in one appellate circuit, following a recent case involving the well-known Jack Daniel's brand.

Third circuit panel revises half-baked trade dress functionality decision
USA | 22 February 2021

"That's the way the cookie crumbles", a panel of judges from the US Court of Appeals for the Third Circuit again concluded in rejecting trade dress protection for the well-known Pocky cookie design. However, in a revised decision following a rehearing request, the panel clarified its initial analysis on trade dress functionality, providing a fuller explanation of its reasoning which may soothe trade dress advocates.

Protecting your brand from COVID-19 scams
USA | 07 December 2020

As the COVID-19 pandemic continues, scammers are seeking to capitalise on public fear and uncertainty, requiring brand owners to be ever vigilant in monitoring and protecting their intellectual property. This article highlights some of the scams seen during the pandemic and outlines what action brand owners can take. These actions may prove particularly important for organisations working on the front line in the fight to flatten the COVID-19 curve.

Supreme Court eases path to profits recovery in Lanham Act cases
USA | 21 September 2020

In April 2020 the Supreme Court ruled that a plaintiff in a Lanham Act trademark infringement case may recover a defendant's profits without having to prove that the defendant acted wilfully. This precedential decision makes it easier for plaintiffs to obtain monetary recovery for trademark violations and false advertising under the Lanham Act.