Cantor Fitzgerald Securities v. Port Authority
Representing Cantor Fitzgerald in its action seeking damages for its business interruption losses arising out of the 1993 bombing of the World Trade Center. (Ongoing)
Conde Nast v. Barry
Representing Conde Nast in action under Anti-Cybersquatting Consumer Protection Act against notorious domain name infringer, and in subsequent interpleader action regarding collection of damage award. (S.D.N.Y. Ongoing)
Haberman v. City of Long Beach, et al.
Successfully appealed to New York Court of Appeals to overturn dismissal of litigation over denial of building permit, where zoning board of appeals disavowed litigation agreement to extend zoning variance. In issue of first impression, the Court of Appeals held that counsel for zoning board could bind the board by signing stipulation, and that no additional public hearing was required. The case is currently on remand to New York Supreme Court, Nassau County. (Ongoing)
Intellectual property counsel for TheStreet.com
Advice to financial website regarding domain names, copyright, trademark, and related issues. (Ongoing)
Rose Group Park Avenue Corp. v. State Liquor Authority of New York
Representation of catering company operating under shared space arrangement with historic church, in petition to overturn denial of license application. Injunction issued; the SLA appeal to the Appellate Division, 1st Department, is pending. (Ongoing)
Erick Van Egeraat v. NBBJ LLC et al.
Defended NBBJ, a Seattle based architectural firm, in a copyright action brought by a Dutch architect alleging that NBBJ’s architectural design for a multi-use residential and commercial skyscraper complex in Moscow, infringed the Dutch architect’s earlier design for that project. Plaintiff claimed copyright infringement under both United States and Russian copyright law and unfair competition under the Lanham Act. NBBJ was retained by the Russian developer, The Capital Group, and furnished with some preliminary plans, apparently prepared by the Dutch architectural firm. NBBJ made very substantial changes to the plans and the building was thereafter built in Russia. Plaintiff's predecessor–in–interest (who thereafter filed for bankruptcy in a Dutch receivership proceeding) brought an arbitration proceeding in Stockholm, Sweden against the Russian developer of the building and prevailed on a claim under Russian law for copyright infringement. The U.S. case then settled. (S.D.N.Y. 2012)
Clifton Mallery v. NBC Universal
Represented NBC in a copyright action brought by plaintiffs claiming that the television program 'Heroes' infringed their copyright in a documentary and manuscript about their lives as divination artists. Summary judgment granted for defendants; affirmed by the 2nd Circuit; certiorari petition denied. 2009 WL 1532494 (2d Cir. 2010) Read more
In re Rule 45 subpoena issued to Cablevision Systems Corp.
Successfully moved to quash subpoena seeking private information of individual posting anonymously on Internet message boards regarding public company, on First Amendment grounds. (2010)
Salinger v. Colting
Represented J.D. Salinger in a copyright infringement action against the author, publisher and distributor of a self-proclaimed sequel to "The Catcher in the Rye." Motion for preliminary injunction was granted and appealed to the 2nd Circuit where the matter was vacated and remanded. Permanent injunction entered; case settled. 641 F. Supp. 2d 250 (S.D.N.Y., 2d Cir. 2010)
Steinbeck v. McIntosh & Otis, Inc., Estate of Elaine Steinbeck, et al.
Represented literary agents in copyright action involving termination rights and the John Steinbeck literary properties. Summary judgment dismissing all claims granted and affirmed by the 2nd Circuit. 2009 WL 928189, 2010 WL 3995982 (S.D.N.Y., 2d Cir. 2010)
Derek Andrew, Inc., v. Macy's, Inc., et al.
Represented clothing designer in infringement litigation against department store and its vendors regarding house brand clothing incorporating copyright-protected beading design and heart, wing and crown design trademark. (2009)
Morisseau v. DLA Piper U.S. LLP, Proskauer Rose LLP, and ALM Media Inc.
Represented DLA Piper U.S., LLP, in New York state court, successfully defeating the petitioner's motion for pre-action discovery in aid of framing a complaint for libel arising from the publication of an allegedly false and defamatory article about the petitioner, who was a party to a federal discrimination lawsuit. Index No. 08100448 (N.Y. Cnty. Sup. Ct. 2009)
Muinos v. Thomas Nelson, Inc.
Defended book publisher Thomas Nelson, Inc. in copyright infringement litigation involving alleged re-use of illustrations in medical book; case involved novel issues regarding use of illustration software to create line drawings from photographs. (S.D.N.Y. 2009)
Akamai v. Diaz
Represented employee in litigation brought by former employer for breach of noncompete and misappropriation of trade secrets. (2008)
Derek Andrew, Inc. v. Poof Apparel Corp.
Represented clothing designer in a trademark infringement litigation against manufacturer using counterfeit hangtags. Damages claims tried before U.S. District Court of the Western District of Washington and affirmed by 9th Circuit. 528 F.3d 696, 87 U.S.P.Q.2d (9th Cir. 2008)
Jonesfilm v. Lions Gate Entertainment
Represented Lions Gate and other defendants in an action instituted by Jonesfilm for alleged infringement of its claimed trademark in the title of the motion picture "9 1/2 Weeks;" involved prequel rights; tried before IFTA after two 2nd Circuit appeals; confirmed and affirmed on appeal to 9th Circuit. 299 F.3d 134 (2d Cir. 2002), 65 F. App'x 361 (2d Cir. 2003) (2d Cir., 9th Cir. 2008)
Time Inc., et al. v. Budd, et al.
Represented magazine publishers in copyright and trademark infringement action against website described as 'Napster for the magazine industry.' (S.D.N.Y. 2008) Read more
BISYS v. Mourant Financial Service
Defended Mourant Financial Services in financial services industry against claims involving misappropriation of trade secrets. (2006)
Break The Cycle v. adidas America
Defended adidas America in trademark infringement suit arising from use of plaintiff charity's trade name and logo in nationwide advertising. Case settled. (S.D.N.Y. 2006)
Shine v. David M. Childs and Skidmore, Owings & Merrill
Represented architectural firm that designed original Freedom Tower in action involving alleged copyright infringement of architectural design of Yale architecture student. Settled after motion to dismiss granted in part. 382 F. Supp. 2d 602 (S.D.N.Y. 2006)
The Knot, Inc. v. Ruben Rotteveel
Represented owner of Brides.com website in case brought by competing bridal website involving allegations of misappropriation of proprietary business information and trade secrets, including website functionality. (2006)
Epic Security Corp. v. Yellow Book USA, Inc.
Defended Yellow Book and other defendants in trademark infringement action based on alleged use of logo in advertisements printed in yellow pages directories. Case successfully settled. (S.D.N.Y. 2005)
Estate of J.R.R. Tolkien v. Perry
Represented the Estate of J.R.R. Tolkien as plaintiff in a copyright infringement action against Inkling Books based on chronology of "Lord of the Rings." Preliminary injunction granted; settled thereafter. (W.D. Wash. 2003)
Torah Soft Ltd. v. Drosnin
Represented Simon & Schuster, Inc., the author and other defendants in two actions, one alleging copyright infringement by use of printouts allegedly generated from plaintiff's computer software programs in the book "The Bible Code," and the second for breach of an alleged agreement to credit the programmer in the book. Won summary judgment for defendants in copyright action and partial summary judgment on contract action and later prevailed on remaining claims in contract action. 136 F. Supp.2d 276 (S.D.N.Y. 2000) (copyright action); 2002 U.S. Dist. LEXIS 17413 (S.D.N.Y. 2002) (contract action)
Point to Point v. St. Martin's Press
Defended publisher in trademark infringement action arising out of the use of plaintiff's song title as the title for a book series. Summary judgment granted. (M.D. Tenn. 2002)
Byrne v. BBC*
Defended the BBC against copyright infringement, defamation, and Lanham Act moral rights claims arising from BBC documentary regarding gun running in Florida for the IRA. Song used by New York Irish radio station as theme song plays in documentary without synch license. Defamation claim dismissed; thereafter settled. (2d Cir. 2001)
Ohio Players v. Polygram Records, Inc.*
Represented PolyGram Records in a breach of contract action brought by the Ohio Players with regard to PolyGram's right to license certain master recordings produced under an exclusive recording agreement for use in connection with television advertisements. (S.D.N.Y. 2000)
* Denotes experience completed at a prior firm