Intellectual Property Litigation

We have been at the vanguard of some of the most high-profile intellectual property disputes, including litigation regarding some of the world’s most well-known brands.  Whether enforcing rights against infringers or defending against claims, our firm helps clients protect their valuable intellectual property and achieve their business objectives.  We have handled all stages of intellectual property litigation, including trials and appeals, and have trial experience in trademark, trade dress, trade secrets, false advertising and unfair competition matters throughout the United States.

In addition to effectively enforcing and defending our clients’ rights in courts and other dispute resolution forums, we help clients preserve and protect their brands by securing pre-litigation resolutions when they are consistent with business objectives. In those instances where litigation is necessary, we move quickly to enforce their intellectual property rights, and manage cases from preliminary injunction through trial and appeal.

In addition to litigating trademark and copyright disputes, we also have decades of experience in enforcing and defending our clients in trade secret litigation in courts throughout the United States.  We have defended and prosecuted trade secrets disputes in trials, evidentiary hearings and appeals, and we have litigated trade secret disputes across numerous industries, including pharmaceuticals, chemicals, finance, and software and information technology. Because of our vast experience, we understand that trade secrets take many forms ranging from a secret formula, unique technology and business methods to a confidential development plan, covert marketing program or other undisclosed – yet valuable – information.

When our clients are victimized by a breach of security, we act swiftly to identify those responsible and limit disclosure and misuse of this highly sensitive information by pursuing all available remedies, including immediate injunctive relief where appropriate.  When our clients are accused of misappropriation, we analyze the claim and provide a vigorous and thorough defense. 
 

Representative Matters

• Biocon Limited v. Abraxis Bioscience, Inc., Case No. 16 Civ. 6894 (S.D.N.Y.)(RMB) - defended drug manufacturer (affiliate of Celgene Corporation) against allegations arising from licensing and distribution agreement that manufacturer terminated due to diversion of drugs to black market distributors.  Defeated motion for injunctive relief over Indian distributor in TRO/preliminary injunction hearing to prevent termination of supply agreement. 

• Citizens Bank Corp. vs. Citizens Financial Group (E.D. Mich.) (6^th Cir.) – successfully defended at a preliminary injunction hearing and subsequent bench trial RBS Citizens (the Royal Bank of Scotland and Citizens Financial Group) in a trademark infringement case involving the rights to the use of the CITIZENS BANK trademark.  After a two week bench trial, the court returned a defense verdict on all claims.  Affirmed on appeal to the U.S. Court of Appeals, for the Sixth Circuit. 

• Lucas Oil Products vs. OAO Lukoil, et al. (S.D.N.Y.) – represented Getty Petroleum and Russian oil company Lukoil in trademark infringement action commenced by Lucas Oil Products related to the use of the mark LUCAS OIL, including in connection with the naming rights of the professional football stadium in Indianapolis.
   
•  Estate of Souza vs. Bonhams 1793 (S.D.N.Y.) – successfully represented London auction house Bonhams in copyright infringement lawsuit involving claims of the unauthorized publication of works by Indian artist Francis Newton Souza.  

• Air Products & Chemicals Inc. vs. Sandhu (E.D. Pa.) – successfully represented Air Products in obtaining injunction against former employee and his new company in misappropriation of trade secrets action.

• American Express Marketing & Devel. Corp. vs. Black Card LLC (S.D.N.Y.) – represented Black Card LLC in a trademark infringement action over the use of the name “Black Card” for elite consumer credit cards.  

• Personnel Dept., Inc. v. CareerBuilder, LLC, Civil Action No. 2:08-cv-59 (D. Vt.) – represented defendant against allegations of misappropriation of trade secrets and related claims involving internet-based resume writing and evaluation service.

• Smile Train, Inc. v. Mullaney (S.D.N.Y.) – represented co-founder and CEO of international charity and executive producer of Oscar-winning documentary in lawsuit alleging copyright and trademark infringement, breach of contract and misappropriation of trade secrets.  Successfully settled dispute as part of court-ordered mediation.