Perkins Coie Trial Team Secures Win for DarkOwl Cybersecurity Company in Trademark Dispute

CHICAGO (August 4, 2023)—Perkins Coie is pleased to announce that a firm trial team led by Thomas Holt and Jeremy Buxbaum secured a significant legal victory in a trademark infringement action for client DarkOwl, LLC against ArkOwl LLC.

Following a bench trial in the District Court of Colorado, Judge Kristen L. Mix found no infringement between the DARKOWL and ARKOWL trademarks. Despite the noted similarity between the marks, Judge Mix relied heavily on the differences between the parties' respective services (darkweb data services v. personal identifiable information (PII) verification services), along with the sophistication of the parties' respective customers, in arriving at her decision that there is no likelihood of confusion between the marks.

The Perkins Coie trial team was led by partner Thomas Holt, firmwide chair of the Trademark, Copyright, Internet & Advertising practice, and Senior IP Attorney Jeremy Buxbaum, with support from associates Daniel Burley and Caleb Bacos.