Wednesday, April 13, 2022

A Monumental trademark spat

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By Caitlin Oprysko

With Daniel Lippman  

 WHOSE MONUMENT IS IT, ANYWAY?: A dispute over the names of a pair of D.C. lobbying firms has spilled out into the open after one of the firms, Monument Advocacy, sued the other, Monument Strategies , to block the latter from taking legal action aimed at forcing Monument Advocacy to change its name.

— According to the complaint, filed Friday in U.S. District Court for the District of Columbia, Jonathan Alexander, Monument Strategies' president and chief executive and a former Democratic Hill staffer, threatened in a letter last month "to seek judicial intervention to obtain orders permanently restraining and enjoining" Monument Advocacy's use of the name "and any other confusingly similar name."

— Monument Advocacy was started by Stewart Verdery, a former official in the George W. Bush administration, in 2006 as Verdery Consulting, but changed its name weeks later to Monument Policy Group, applying for and eventually receiving a trademark for the name. In 2018, the firm changed its name to Monument Advocacy and had its trademark application granted the following year. The firm lobbies on behalf of dozens of major clients, according to a PI analysis of lobbying disclosures, among them Starbucks, Amazon, Microsoft, Eli Lilly, JPMorgan and Boeing. The firm reported more than $10 million in lobbying revenues in 2021.

— Monument Strategies was founded in 2005, and reported $475,000 in lobbying revenues last year representing the Association of Catastrophe Adjusters, Alliance One International, Pyxus International and others, disclosures show. In 2007, Monument Strategies complained to Monument Policy Group that its use of Monument Policy Group "was confusingly similar to 'Monument Strategies,'" the complaint alleges, but though Monument Strategies was aware of MPG's use" of the trademark since about that time, "Strategies failed to challenge or otherwise object to MPG's use of said trademark."

— The lawsuit contends that Monument Strategies' "failure to object to or challenge" its trademarks at the U.S. Patent and Trademark Office "or in any other forum constituted acquiescence in the MPG Trademarks," and that Monument Strategies "unreasonably delayed almost 16 years in waiting to challenge" the trademarks. In a letter from February filed as an exhibit to the lawsuit, Monument Strategies' Alexander told Monument Advocacy that "there is too much confusion on your new name. Advocacy is too much close to 'strategies'." He asserted: "Case law is on my side. You're going to have to change your name."

— Monument Advocacy is seeking an order affirming the use of its name does not infringe upon Monument Strategies and that would block Monument Strategies from taking any action to "interfere" with the continued use of its name.

— In a statement, Monument Advocacy's attorney Michael Steger said his client "is simply seeking confirmation from the Court that it can continue to use its well-established business names as it has for the past 15 years." Monument Strategies did not respond to a request for comment.

Good afternoon and welcome to PI. Send tips: coprysko@politico.com. And be sure to follow me on Twitter: @caitlinoprysko.

 

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CYBER COMPANIES FORM LOBBYING GROUP: "A group of cybersecurity companies that help defend industrial systems from hackers is forming a lobbying group as U.S. officials increase regulation of such digital tools," The Wall Street Journal's David Uberti reports.

— "The Operational Technology Cybersecurity Coalition plans to advocate for standardized rules for the control systems used in factories, pipelines and other industrial settings. Its five founding members, vendors that collectively have far-reaching visibility of such environments, also aim to streamline how they share information about threats with one another and the government." The group's founding members include Claroty, Forescout Technologies, Honeywell, Nozomi Networks and Tenable.

— The coalition plans "to comment on proposed regulations as federal agencies consider standards for their respective sectors, as well as try to help shape cyber guidelines by nonregulatory bodies including the National Institute of Standards and Technology, part of the Commerce Department. The coalition plans to register to lobby U.S. lawmakers and officials and might seek legal status as a trade association in the future, a spokesman said."

LIBERAL GROUPS TEAM UP WITH ANTI-TRANS GROUP TO FIGHT SILICON VALLEY: "Progressives have been begging conservatives concerned about online censorship to join their fight to break up the biggest tech companies. Now those liberal activists are split on whether to take on an ally with a separate agenda they abhor — limiting transgender and gay rights," POLITICO's Emily Birnbaum reports.

— "The American Principles Project is one of the only right-leaning groups agitating in favor of overhauling trust-busting laws to rein in Google, Facebook, Amazon and Apple. In theory, that would make it a useful ally to Democrats who need bipartisan support to revamp U.S. antitrust laws."

— "But the group, known as APP, first and foremost brands itself 'America's top defender of the family,' lobbying in favor of bills that ban transgender girls from participating in high school sports and prevent trans children from receiving any type of gender-affirming care. (Medical associations, including the American Academy of Pediatrics and the American Medical Association, support certain gender-affirming care for adolescents such as counseling or providing medication that delays puberty.)"

— "While those are messages that some left-leaning antitrust advocates call discriminatory and hateful, others insist that working with people you disagree with — even on fundamental social issues — is worth the compromise."

HOLES IN McKINSEY'S FIREWALL: A review by The New York Times of thousands of internal documents from consulting giant McKinsey & Co. "found that the firm repeatedly allowed employees who served pharmaceutical companies, including opioid makers, to also consult for the F.D.A., the drug industry's primary government regulator," according the paper's Chris Hamby, Walt Bogdanich, Michael Forsythe and Jennifer Valentino-DeVries.

— Moreover, "McKinsey touted that inside access in pitches to private clients. In an email in 2014 to Purdue [Pharmaceuticals]'s chief executive, a McKinsey consultant highlighted the firm's work for the F.D.A. and stressed 'who we know and what we know.'"

— "The documents reviewed by The Times were obtained by the House Committee on Oversight and Reform, which on Wednesday released initial results from its investigation into McKinsey's work with the federal government, and by a coalition of state attorneys general as part of a 2021 settlement resolving an investigation into the firm's work with Purdue."

— "Since 2010, at least 22 McKinsey consultants have worked for both Purdue and the F.D.A., some at the same time, according to the committee's 53-page report drafted by its Democratic majority. The firm provided no evidence to the committee that it had disclosed the potential conflicts of interest as required under federal contracting rules — an 'apparent violation,' the report said. McKinsey also allowed employees advising Purdue to help shape materials that were intended for government officials and agencies," including a 2018 memo for the incoming HHS secretary in which "references to the severity of the opioid crisis in a draft version of the memo" were ultimately cut.

GIULIANI UNLOCKS PHONE FOR INVESTIGATORS IN LOBBYING PROBE: "Federal prosecutors may soon reach a charging decision regarding Rudy Giuliani's foreign lobbying efforts involving Ukraine, after he helped investigators unlock several electronic devices that were seized by the FBI," multiple sources familiar with the probe tell CNN's Paula Reid and Kara Scannell.

— "Giuliani has also offered to appear for a separate interview to prove he has nothing to hide, his lawyer told CNN, renewing a proposal that federal prosecutors have previously rebuffed.

Investigators seized 18 devices during high-profile raids on Giuliani's home and office last April. Since then, a court-appointed special master has been reviewing materials on devices to shield from prosecutors any materials that could be personal or protected by attorney-client privilege. The review has been long-running, in part, because investigators haven't been able to unlock several of the devices."

— "Giuliani provided a list of possible passwords to two other locked devices, the people said. It is unknown whether those passwords successfully unlocked those devices and how much relevant material is on the recently unlocked devices.

— "Prosecutors are investigating whether Giuliani violated US foreign lobbying laws when he sought the ouster of the US ambassador to Ukraine and an investigation into Joe Biden and his son Hunter. Prosecutors are exploring whether Giuliani was working on behalf of Ukrainian officials at the same time he was pursuing those efforts as then-President Donald Trump's personal attorney, people familiar with the investigation said."

 

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Jobs Report

Reid Dagul is joining the National Stone, Sand & Gravel Association as director of government affairs. He most recently was the senior legislative assistant for Rep. Jay Obernolte (R-Calif.).

Scott Nulty has joined Shield AI, a defense-technology company focused on autonomous unmanned aircraft, on their government relations team, per Huddle. Nulty was most recently a military legislative assistant for Sen. Jerry Moran (R-Kan.).

Lyft is adding Emma Rindels as federal policy manager and Alix Lowe-Server as federal policy adviser. Rindels previously was a legislative assistant for House Minority Leader Kevin McCarthy. Lowe-Server previously was senior adviser for Sen. Kirsten Gillibrand (D-N.Y.).

— Former Defense Secretary Mark Esper is joining Red Cell Partners as a partner and chair of the national security practice.

New Joint Fundraisers

2022 Senators Classic Committee (Sens. John Boozman, Mike Crapo, Chuck Grassley , John Hoeven, Ron Johnson, James Lankford, Mike Lee , Jerry Moran, Rand Paul, Tim Scott, John Thune)
Cleaver Missouri Victory Fund (Rep. Emanuel Cleaver, Missouri Democratic State Committee (Federal))
NCF-Dakota 2022 Committee (Next Century Fund, Dakota PAC)
Red Victory 22 (Sens. Mike Lee, Ron Johnson, NRSC)

New PACs

Alaskans for T.A.R.A. (True Alaska Representation Alliance) (Super PAC)
BUCKEYE ACTION FUND (Super PAC)
Hoosier Values (Super PAC)
ILLINOIS VALUES PAC (Super PAC)
RALLY VIRGINIA (PAC)
State Democracy Defenders PAC (Hybrid PAC)
Together We Elect PAC (PAC)

New Lobbying Registrations

Acg Advocacy: Chamberlain Group
Acg Advocacy: Getaround Inc.
Actum I, LLC: Kawasaki Rail Car Inc.
Ajw, Inc.: International Liquid Terminal Association
Arnold & Porter Kaye Scholer LLP: Doosan Bobcat North America
Atlas Crossing LLC: Market Track, LLC Dba Numerator
Atlas Crossing LLC: Radiant Nuclear
Clyburn Consulting, LLC: Biogen
Cypress Advocacy, LLC: Paxos Trust Company, LLC
Federal Health Policy Strategies: Pruitthealth Corporation
Hogan Lovells US LLP: Association Of Private Non-Profit Institutions LLC
Holland & Knight LLP: Transocean Offshore Deepwater Drilling Inc.
Lne Group: Wabtect Corporation
Marla Grossman: Acg Advocacy On Behalf Of Chamberlain Group
Marla Grossman: Acg Advocacy On Behalf Of Getaround Inc.
Roetzel & Andress, Lpa: Keybank
S-3 Group: Foris Dax, Inc. D/B/A Crypto.Com
Sandhills Strategic Solutions: Pemdas Technologies
Sandhills Strategic Solutions: The Livingston Group Obo National Association Of Ordnance Contractors
The Cjr Group, Inc.: Cleveland Foundation
The Conafay Group, LLC: Ani Pharmaceuticals
Tremont Strategies Group LLC: Flywire

New Lobbying Terminations

Acg Advocacy: California Rural Indian Health Board
Acg Advocacy: Mag Dc Corp
Acg Advocacy: Southeastern Pennsylvania Transit Authority
Beacon Street Strategies, LLC: United Professional Horsemen'S Association
Bose Public Affairs Group: Alticor
Bose Public Affairs Group: Monument Chemical
Bose Public Affairs Group: Physicians For American Healthcare Access
Bose Public Affairs Group: Pratt Industries, Inc
Bose Public Affairs Group: Tcl North America
Bose Public Affairs Group: Terraboost Media LLC
Chamber Hill Strategies: National Partnership For Women And Families
Federal Business Group: Hunt Valve
Hettinger Strategy Group LLC: Sap National Security Services, Inc.
K&L Gates, LLP: Armored Things Inc.
National Environmental Strategies: Alta Ski Area
National Environmental Strategies: Emery County Public Lands Department
National Environmental Strategies: Pacific Gas And Electric
National Environmental Strategies: Pepco Holdings LLC
National Environmental Strategies: Sterling International Inc
National Environmental Strategies: Utah Council For Clean Energy

 

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