WASHINGTON, DC, November 6, 2015: Morgan Lewis secured a significant victory in a trademark case on behalf of training and consulting firm The Corps Group (TCG) against competitor Afterburner, Inc. in Georgia’s Court of Appeals.
The court rejected an attempt by Afterburner to monopolize military aviation-themed business consulting, holding that TCG and three of its employees, former fighter jet pilots, were within their rights when offering business consulting services while dressed in U.S. military flight suits and using fighter aircraft videos and other jet imagery in their business operations. The Court also found that TCG did not infringe Afterburner’s trademark rights in well-known military phrases, such as “flawless execution” and “task saturation.” Accordingly, the Court of Appeals reversed a $788,549 judgment against TCG and an injunction that was entered after a trial in April that was handled by different counsel. As a result of this decision, the former fighter pilots, as well as other U.S. military veterans, will be able to share their hard-earned leadership, planning and execution experience with organizations outside the military that might benefit from their knowledge.
The Morgan Lewis team representing The Corps Group was led by partner J. Kevin Fee and associate Jordana Rubel.