Trademark and False Advertising
Representation of major consumer products company in false advertising case
Represented major consumer products company in false advertising jury trial involving advertising superiority claims as to the parties’ respective infant care products. (C.D. Cal., 9th Circuit, 2011-2013)
Willagirl LLC v. The Wella Corporation
Represented The Wella Corporation in a trademark infringement suit arising out of Willagirl LLC’s proposed use of the “Willa” trademark on hair care, skin care and related beauty products. (S.D.N.Y. 2011)
Hardy Way, LLC v. Preferred Fragrance, Inc.
Defended perfume manufacturer in trade dress, trademark dilution and copyright infringement litigation involving packaging for alternative designer fragrance. (S.D.N.Y. 2010)
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)
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
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)
Oracle America, Inc. v. Google Inc.
Submitted amicus brief on behalf of former Register of Copyrights supporting Oracle's position in copyright infringement action that menu command structure of software is protectable expression under Copyright Act. (2013)
Erick Van Egeraat v. NBBJ LLC et al.
Defended NBBJ, an 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. (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
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. (S.D.N.Y. 2009)
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)
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)
Webcasting and Internet radio royalties disputes for small commercial webcasters
Representation of the small commercial webcasters in administrative litigation before the Copyright Royalty Board in Internet Radio royalty rate-setting proceeding. (2007)
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)
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)
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 the trial court. (N.Y. Sup. Ct. 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. (N.Y. Sup. Ct. (Commercial Division) App. Div., 2011-2012)
Cantor Fitzgerald Securities v. Port Authority
Represented Cantor Fitzgerald in its action seeking damages for its business interruption losses arising out of the 1993 bombing of the World Trade Center. (2010)
Trade Secrets Litigation
Akamai v. Diaz
Represented employee in litigation brought by former employer for breach of noncompete and misappropriation of trade secrets. (Mass. Sup. Ct. 2008)
Horizon Media, Inc. v. Leible
Defended employee and new employer in litigation brought by former employer for breach of restrictive covenants and tortious interference. (N.Y. Sup. Ct. 2008)
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. (N.Y. Sup. Ct. 2006)
BISYS v. Mourant Financial Service
Defended Mourant Financial Services in financial services industry against claims involving misappropriation of trade secrets. (N.Y. Sup. Ct. 2006)
Internet and Intellectual Property
Digiprotect USA v. John Does
Successfully represented cable ISP in two cases, objecting to subpoenas for subscriber information. (S.D.N.Y. 2011)
Conde Nast v. Barry
Successfully represented 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. 2012)
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. (E.D.N.Y. 2010)
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. Sup. Ct. 2009)