EXPERTISE | IP Ligitation
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 confidential documents.
Moose Toys Pty Ltd. et al v. Thriftway Hylan Blvd. Drug Corp. et al. (E.D.N.Y. 2015)
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.
Enforcement of Meira T’s Rights in New York (S.D.N.Y. 2015)
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.
Intenze Products, Inc. v. Charm Color Company et al. (S.D.N.Y. 2013)
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.
Multi-District Texas Litigation (2013)
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.
Rovio Entertainment LTD v. Royal Plush Toys, Inc. et al. (C.D.C.A. 2012)
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 of $700,000.
Atwater Kent Manufacturing Company v. Leveillee (D. Del. 2012)
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.
Ontel Products Corp. v. Amazon.com, Inc. (S.D.N.Y. 2012)
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.
Intenze Products, Inc. v. Williamson-Dickie Manufacturing Co. (S.D.N.Y. 2012)
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.
OHM SPA LLC v. OM Aroma & Co., Inc. (S.D.N.Y. 2011)
ED represented OHM SPA LLC in an infringement action, pertaining to its service mark OHM SPA. A confidential settlement was reached.
CJ Productions LLC et al v. Snuggly Plushez LLC et al. (E.D.N.Y. 2010)
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.
CJ Products LLC et al v. Concord Toys International, Inc. et al. (E.D.N.Y. 2010)
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 was secured.
O.W.A., Inc. v. Hobby Lobby Stores, Inc. (S.D.N.Y. 2010)
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.
Sears v. Zone Culinaire, L.L.C. et al. (S.D.N.Y. 2010)
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.
24-Seven International LLC v. EWS Incentives, Inc. et al. (S.D.N.Y. 2009)
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.
Cleaner’s Supply, Inc. v. National Supply LLC et al. (S.D.N.Y. 2009)
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 thereof.
Clonus Associates v. Dreamworks, LLC et al. (S.D.N.Y. 2009)
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.
Ontel Products Corp. v. Bejing Dunhuang Heguang Information Technology Co. Ltd et al. (S.D.N.Y. 2009)
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.
Sa Sa Cosmetic & Skin Care Beauty Inc. v. Sa Sa International Holdings Limited et al. (S.D.N.Y. 2008)
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.
Heller Incorporated v. Design Within Reach, Inc. (S.D.N.Y. 2007)
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.
Sethi & Sethi, Inc. v. Linens ‘N Things, Inc. (S.D.N.Y. 2007)
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.
Incredible Scents, Inc. v. Mayan Laboratories LLC, et al. (E.D.N.Y. 2006)
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 were obtained.
Sadhu Singh Hamdard Trust v. Ajit Newspaper, Inc. et al. (E.D.N.Y. 2006)
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.