Intellectual Property

Experience

  • Trademark and Trade Dress

    • Yves Saint Laurent in defeating a motion for a preliminary injunction by Christian Louboutin over YSL’s red-soled shoes, and subsequently obtaining dismissal of all claims by the Court of Appeals for the Second Circuit.
    • Snyder’s-Lance in cancellation and opposition proceedings in the Trademark Trial and Appeals Board. the Court of Appeals for the Federal Circuit, and the Western District of North Carolina over the "Pretzel Crisps" trademark.
    • Kate Spade in winning a verdict at trial defeating Saturday Surf’s trademark infringement challenge against the new mark, Kate Spade Saturday.
    • American Express in winning summary judgment cancelling the trademark registration BlackCard.
    • Pernod Ricard in obtaining dismissal of ownership claims filed by a Russian Federation entity over the Stolichnaya trademark.
    • Glacéau, maker of VitaminWater, in prosecuting a TRO against PepsiCo over the trade dress of LifeWater.
    • Louis Vuitton in litigations involving infringement and dilution of its S-Lock closure and Epi leather design trademarks.
    • Cubaexport and Havana Club Holdings in litigations relating to the famous Havana Club brand of rum.
    • Industrias AlEn in an ITC investigation and associated litigations over Pinol and Cloralex, which are well-known brands in Mexico, over Clorox’s claims of infringement of its Pine-Sol and Clorox trademarks.
    • Swiss Watch in successfully overturning a judgment that its Swiss Legend Trimix watches counterfeited Audamars Piguet’s federally-registered Royal Oak watch design.
    • Alcon Laboratories in the successful defense of a preliminary injunction sought by Pharmacia Corporation to enjoin the launch of Travatan.
    • The Gap in a trademark infringement and dilution trial against G.A.P. Adventures, a Canadian company offering traveling services.
    • Novartis and Bayer in obtaining injunctions against foreign website operators who were selling gray market pet medicines to U.S. consumers via the Internet.
  • Copyright

    • Disney, NBC Universal, CBS Broadcasting and other broadcasters in copyright litigation challenging Aereo’s sale of access to mini-antennas as a mechanism for instantly streaming broadcast television programs over the Internet.
    • Sony Pictures in a copyright case involving the made-for-television movie, “Who is Clark Rockefeller?” and ongoing issues relating to the Spider-Man motion picture franchise.
    • Rimini Street in copyright litigation against Oracle regarding permitted software maintenance services.
    • The National Football League in a suit that protected its rights in the design of the NFL’s famous Vince Lombardi Trophy, awarded annually to the winner of the Super Bowl game, and in litigation over the ownership of retired player’s publicity rights.
    • Association of American Publishers, five publishing houses and a class of publishers in bringing and settling copyright infringement actions challenging Google’s digitization of books from U.S. libraries.
    • Costco Wholesale in the successful Ninth Circuit appeal defending against the claim that Costco’s sale of gray market Seamaster watches infringed Omega’s copyright in a tiny globe design engraving on the back of the watches.
    • Sony Pictures Entertainment in a lawsuit brought by Marvel Enterprises and Twentieth Century Fox involving the movie Zoom.
    • Sony BMG in class action and regulatory inquiries arising out of XCP copy protection software on musical CDs.
  • False Advertising

    • Bayer in false advertising challenges against Merial, Sergeant’s, Summit, Elanco and Farnam over advertising for their competing flea and tick control products for pets.
    • Nestlé in false advertising challenges against Ross Laboratories over advertising for Isomil Advance and Similac EarlyShield baby formulas.
    • Novartis in obtaining a preliminary injunction against Mylanta NightTime on the ground that the name deceptively implies that the product would prevent heartburn all night long.
    • Alcon in successful challenges in court and before the NAD against Bausch & Lomb advertising that falsely disparaged Alcon’s Opti-Free Express contact lens solution.
    • American Express in false advertising challenges against Visa’s television commercials claiming superior card acceptance.
    • Bridgestone in false advertising challenges against Michelin tires.
    • Sony Pictures Entertainment in a trademark/false advertising dispute involving the battle scene between Spider-Man and the Green Goblin in the hit motion picture Spider-Man.
  • Patents and Trade Secrets

    • Absolut Spirits in defending against claims for misappropriation of trade secrets and theft of the idea arising out of its sponsorship of the reality show On the Rocks: The Search for America’s Best Bartender.
    • Tilia maker of the FoodSaver brand of home vacuum-sealing machines, in patent arbitration and ITC proceedings against Applica over its “knock-off” versions of the FoodSaver machines, sold under the Black & Decker brand.
    • Galderma in successfully defending against multi-jurisdictional patent infringement claims involving its cancer drug Metvix.