Although we always strive to resolve matters outside of court, if litigation is
unavoidable, we aggressively enforce our clients’ rights and adeptly develop successful
litigation strategies. We rely on the use of our intellect, expertise, innovative
thinking and business acumen to achieve exceptional results and succeed against
firms much larger than ours.
We have over twenty years of experience in handling various types of litigation
with a high rate of success, including: patent, trademark, copyright and trade dress
litigation as well as proceedings before Federal Circuit Appeals Courts and the
Trademark Trial and Appeal Board.
We are constantly devising creative methods to extend the ambit of intellectual
property protection, having successfully expanded the laws on trade dress protection
and unfair competition, the constitutional limits of the U.S. Anti-Cybersquatting
Consumer Protection Act and the limited privilege protection for certain alleged
ED represented Moose Toys in an infringement lawsuit and successfully obtained a
temporary restraining order, seizure order and permanent injunction against a chain
of retail stores that were importing and selling counterfeit Shopkins toys.
ED filed five separate trade dress and copyright infringement suits against a total
of eight jewelry retailers for the sale of infringing jewelry. Confidential settlements
were reached in a majority of the cases.
ED represented Intenze Products, Inc. in an infringement suit and obtained a $1.45
million judgment & injunction against the Chinese source of counterfeit tattoo inks.
ED represented Rovio Entertainment, Ltd. in three related infringement lawsuits
against a total of 75 defendants. Confidential settlements were reached with a majority
of the defendants. ED obtained permanent injunction and judgments amounting to a
total of $675,000 against the defendants who did not settle.
ED represented Rovio Entertainment, Ltd. in an infringement suit against a major
importer of counterfeit goods. ED secured a permanent injunction enjoining defendants
from further infringement of Rovio’s rights and obtained a statutory damage award
ED successfully represented Atwater Kent in an action to prevent the unauthorized
use of its famous ATWATER KENT trademark on replica radio and car part products.
ED represented Ontel Products, a leading As Seen on TV company, in an effort to
prevent the unauthorized use of its various consumer product trademarks by Amazon
as unauthorized Google Keywords. A confidential settlement was reached.
ED presented Intenze Inc., owner of INTENZE brand tattoo inks, in an action to prevent
the unauthorized use of its INTENZE ink bottles in marketing and promotional material
for Williamson-Dickie workwear. A favorable settlement was reached.
ED represented OHM SPA LLC in an infringement action, pertaining to its service
mark OHM SPA. A confidential settlement was reached.
ED represented the owners of Pillow Pets, obtaining a preliminary and permanent
injunction against the unauthorized sale of similar foldable plush animals. The
Court restricted Defendant’s right to bid on the Pillow Pets Key Word and to use
the Pillowpets.com domain name to sell its unauthorized plush.
ED obtained and executed a seizure order on the unauthorized Pillow Pets foldable
plush animals that violated CJ’s copyright and trade dress rights plus the freezing
of company bank accounts A permanent injunction and confidential financial settlement
ED obtained a favorable settlement for its client Old World Christmas, preventing
defendants from selling Christmas tree ornaments that violated its copyrighted Christmas
tree ornament designs and use of its trademark OLD WORLD CHRISTMAS.
ED represented Defendant Zone Cuisine, a home food delivery company, against a trademark
infringement claim by the owner of the ZONE trademark for diet publications and
related services. A favorable confidential settlement was reached.
ED represented a luggage maker against a claim by the owners of the LUCAS luggage
brand who claimed trade dress rights in black and yellow applied to luggage handles
and straps. ED obtained a favorable confidential settlement.
On behalf of its client Cleaner’s Supply, ED secured a permanent injunction against
the unauthorized user of its registered CLEANER’S SUPPLY trademark or variations
ED represented Clonus in a copyright infringement claim against Dreamworks in connection
with its release of the feature film The Island, which Clonus alleged violated its
registered movie and script for the 1970’s indi-film called Clonus. A favorable
confidential settlement was reached.
ED presented Ontel Products, a leading As Seen on TV company, in an effort to prevent
the unauthorized use of its various trademarks and copyrights in connection with
the sale of counterfeit and pirated products sold through the DHGate marketplace.
A favorable settlement was reached.
ED represented well-known Asian cosmetic company SA SA to prevent unauthorized use
of its SA SA brand in the United States by a competitor. A favorable confidential
settlement was reached.
ED represented Heller Inc., designer of a well-known chair design registered with
the U.S. Patent and Trademark Office, in a lawsuit alleging trade dress and design
patent infringement. A favorable settlement was reached.
ED represented Sethi & Sethi, a designer of stylized home fabrics, in a copyright
lawsuit against Linens ‘N Things, for unauthorized sale of products incorporating
its registered copyright designs. A favorable confidential settlement was reached.
ED represented Incredible Scents in a trade dress, design patent and unfair competition
claim where a competitor sold an authorized knock-off its SILENT SNOOZ sleep aid
and made false claims as to the product itself. A preliminary and permanent injunction
ED successfully argued before the District Court and Second Circuit in a trademark
and copyright dispute over the right to use a well-known Indian newspaper name (AJIT)
in the United States. The lawsuit spanned six years and tested cross-border rights
and international treaties.