NEW YORK — The United States Court of Appeals for the Second Circuit on August 13 affirmed a jury verdict that found The Lawfare Project and Zioness Movement Inc. are co-owners of the ZIONESS trademark. The court affirmed key rulings but vacated and remanded the narrow issue of attorneys’ fees for further consideration.
The appeals court stated that there was ample evidence that The Lawfare Project funded and helped develop the Zioness name, logo, website, and initial outreach. The opinion noted that the project originated as an initiative of The Lawfare Project before being formalized as a separate nonprofit.
The Lawfare Project called the decision a vindication. Brooke Goldstein, founder and executive director of The Lawfare Project, said the ruling returns the Zioness name to its original purpose of uniting and defending Jewish civil rights. She said the movement had strayed from that mission and that the decision allows the name to stand for Jewish unity and empowerment.
Representing attorneys at Oved & Oved said the Second Circuit’s decision affirms the trial record showing Lawfare’s central role in incubating Zioness. The firm said the ruling protects the rights of charities to safeguard internally developed messaging and intellectual property.
The court also addressed discovery sanctions and attorneys’ fees. It affirmed the trial court’s finding that certain claimed discovery expenses were not credible and upheld a limited monetary sanction of twenty thousand dollars. At the same time, the appellate court vacated the district court’s denial of attorneys’ fees under the Copyright Act and remanded that question for further proceedings.
The litigation stems from work begun in 2017 when Lawfare lawyers and staff helped create a project to mobilize Jewish voices in progressive spaces. The parties later diverged, and ZIONESS was registered with the United States Patent and Trademark Office in 2020 with ZMI listed as the registrant. A jury trial in the Southern District of New York found both organizations to be owners of the mark.
Jewish and Zionist advocates welcomed the ruling. The Lawfare Project said the decision closes a chapter of what it described as years of baseless litigation. Community leaders said confirming co-ownership preserves an important legal safeguard for organizations that build and fund Jewish advocacy projects.
Legal experts say the decision is significant for nonprofit groups that collaborate on campaigns and branding. The opinion shows that joint ownership can be found where one party finances and substantially develops a mark, even if another party later incorporates and registers it. The remand on fees leaves one discrete issue for the district court to decide.
This article is based on verified information from the United States Court of Appeals for the Second Circuit opinion, The Lawfare Project press statement, and related press releases and filings.