Alex Lutzky

Practices

Education and Clerkships

J.D., St. Mary's University School of Law, 2015, summa cum laude, St. Mary’s Law Journal, Senior Associate Editor, Staff Writer, 2013-2015

B.S., Mechanical Engineering, Worcester Polytechnic Institute, 2000

  • Judicial Intern for the Honorable Xavier Rodriguez, U.S. District Court for the Western District of Texas, 2015
  • Judicial Intern for the Honorable Emilio M. Garza, U.S. Court of Appeals for the Fifth Circuit, 2013

Admissions

Texas, 2015

U.S. Patent and Trademark Office, 2017

Court Admissions

U.S. District Court for the Western District of Texas

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Southern District of Texas

Profile

Alexander Lutzky is an associate in the Intellectual Property Litigation and Energy, Power and Natural Resources Practice Groups in the San Antonio office of Haynes and Boone. His practice covers the full spectrum of intellectual property client services but is focused on patent prosecution and litigation and trademark prosecution and litigation.

Prior to attending law school Alex obtained leadership and technical experience as a military officer in the United States Navy and had a successful career in the civilian nuclear power industry. Alex designed and operated a range of electrical power generation systems, including steam-driven turbine and battery back-up systems. A licensed Professional Engineer in Texas, his work experience also encompasses mechanical valve, steam boiler, turbine, and piping systems and technologies.

Alex provides the same level of dedicated service and technical experience to his clients as he did in his prior professions. Outside of his legal career, he continues to serve as a United States Navy Reservist.

Selected Publications and Speeches

  • “No Likelihood of Confusion Found Between I’M SMOKING HOT and SMOKIN’ HOT SHOW TIME Marks,” author, INTA Bulletin, Vol. 74 No. 2, February 1, 2019
  • “Federal Circuit Rebukes Trademark Trial and Appeal Board over Whether the Term “ZERO” Is Generic for Soft Drinks,” author, INTA Bulletin, Vol. 73 No. 18, October 15, 2018
  • “District Court Uses 14-Year-Old TTAB Decision to Determine Likelihood of Confusion,” author, INTA Bulletin, Vol. 73 No. 5, March 15, 2018
  • Comment, “In Pursuit of Just Compensation in Texas: Assessing Damages in Takings Cases Using the Property’s Tax-Appraised Value,” author, 46 St. Mary’s. L.J. 105.

Professional Recognition

  • Senior Associate Editor of the Year, St. Mary’s Law Journal, 2014-2015
  • Staff Writer of the Year, St. Mary’s Law Journal, 2014-2015

Professional and Community Activities

  • U.S. Navy Reserve Officer, 2010-Present

No Likelihood of Confusion Found Between I’M SMOKING HOT and SMOKIN’ HOT SHOW TIME Marks

The U.S. Patent and Trademark Office Trademark Trial and Appeal Board, in an August 23, 2018 precedential decision, reversed a finding of likelihood of confusion between an application for the mark I’M SMOKING HOT and a cited registration for SMOKIN’ HOT SHOW TIME. Even though the goods covered under both marks were “identical,” the different overall commercial impression and weakness of a common term in the two marks made confusion unlikely.

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