Consumer Goods & Services
Today’s consumer markets grow more complex each year. Globalization, information technology and the heightened speed of production are among the many factors influencing the landscape of the modern marketplace—an arena requiring more proactive and protective legal force than ever before. Gottlieb, Rackman & Reisman has been securing, protecting, and expanding the intellectual property rights of their clients’ consumer goods and services for more than 35 years. Our remarkable track record speaks to our attorneys’ keen ability to navigate the most complicated of consumer-related IP matters—in and out of court, and holding steady to each client’s goals and bottom line.
Click Here to View Noteworthy Achievements
Marc Misthal - The Story of a Store Name, Tableware Today, June–July 2003.
Amy Goldsmith & Marc Misthal - Using the Internet's Road Signs, Tableware Today, June–July 2001.
Jeffrey Kaden - The Unexpected Connection Between Patents and Tableware, Tableware Today, June–July 2000.
George Gottlieb - Protection from Copycats, Tableware Today, February–March 1998.
George Gottlieb - Blueprint Against Infringement: Trade Dress—a New Helping Hand for Product Protection, Tableware Today, June–July 1997.
Jeffrey Kaden - Patents and Sunglasses: Removing the Glare, Industry News, May 1997.
George Gottlieb - Blueprint Against Infringement: Unexpected Help from Design Patents, Tableware Today, April–May 1997.
George Gottlieb - A Crash Course in Licensing Your Products, GSB: Gift & Stationery Business, October 1996.
George Gottlieb - Protection of Furniture Designs, Furniture Design & Manufacturing, June 1996.
- An Israeli cosmetics manufacturer took on an Internet Judaica store for selling its products without permission. After obtaining a preliminary injunction on behalf of the Israeli cosmetics manufacturer, our motion for sanctions against the defendant was granted by the Court. The site was prohibited from all future sale of the cosmetic line, and the site owner was ordered to pay our client’s costs and attorney fees.
- Our client, a prominent maker of plush toys, had been selling a copyrighted toy lion. A well-known jewelry manufacturer expressed interest in licensing the toy for a promotion but found the fee too high. The jewelry manufacturer subsequently purchased a look-alike product from Korea and began its promotion with the substitute toy. By demonstrating the striking similarities between the two animals’ patterns, and by establishing that the jewelry manufacturer’s representatives had visited our client’s showroom, the Court issued an injunction against the copycat product. We recovered full costs and legal fees for our client as well as compensation for projected profits lost.
- We obtained an injunction on behalf of a major plush toy and gift manufacturer to prevent a competitor from marketing and selling a line of plush animals that, without authorization, incorporated the body pattern of our client's popular and well-known plush bear. In an unusual decision, the Court recognized that the body of our client's product was itself unique and original, and enjoined the competitor from selling plush products that copied this pattern, even when fashioned as other animals (such as monkeys and pandas)—ie: differing from the copyrighted design from the neck up.
- When a garment industry client approached us, after having been sued for copyright infringement, we examined the dress patterns on which the lawsuit was based. Although we felt that the plaintiff's copyrights could probably be invalidated, this would have required considerable discovery abroad, as well as substantial attorneys' fees and expenses - quickly exceeding our client's budget. Nevertheless, we took a strong stand against the plaintiff, establishing a credible but affordable position in hard-fought negotiations with the plaintiff's litigation counsel. Ultimately, we worked out a settlement for our client that allowed it to sell off its remaining inventory to its main customer and to avert the adverse publicity and strained retailer relations that would have exacted incalculable and enduring loss.
- We represented a group of individual inventors who had obtained a patent on a widely used fire escape gate. After a disagreement over royalties, their exclusive licensee continued to make the gate without compensating our clients. During the ensuing district court litigation, we established the facts necessary to support our client’s case but the trial judge determined that the patent was invalid for obviousness. Since we found no substantial basis for this ruling, we pursued an appeal and convinced the appellate court that the patent was valid. When the case was remanded to the district court, the defendant settled by agreeing to pay our clients a substantial sum for profits lost and reinstating the royalty stream.
- One of our clients, a major manufacturer and distributor of attractive, mass-marketed watches, was challenged for making a “signature” model of a giant competitor in the industry. We successfully fought each of the plaintiff’s harassing tactics with counter measures, bringing their aggressive assault to a virtual standstill. We then participated in lengthy settlement discussions supervised by a federal court magistrate. It bears noting that these negotiations were further complicated by the presence of two different insurance companies, charged with reimbursing our client for damages and attorneys fees. Eventually, we were able to obtain a reasonable conclusion to the dispute, demonstrating a keen ability to balance the wants of the court, opposing counsel, and insurance company representatives, while keeping our client’s needs and interests foremost in our mind.
- A nationally known manufacturer of sunglasses sought our assistance in fighting a claim of copyright infringement brought by one of its competitors, a rival company seeking more than $1 million in damages. Through hard fought litigation, we secured insurance coverage for our client and went on to convince the Court to throw out many of the plaintiff’s claims. The lawsuit was eventually settled under favorable terms.
- Our attorneys assisted a famous athletic footwear manufacturer with an already extensive portfolio of worldwide trademark registrations in entering into a number of global distributorship and licensing agreements. By diligently researching European Community regulations, the varied laws of foreign countries, and rules about the remittance of royalties abroad, we helped our client to secure appropriate contracts.
- We represented a large, U.S. manufacturer of footwear products in an action meant to cease the unauthorized sale of infringing products in Central American markets. We persuaded the owner of the stores (all in Central America) to stop selling the knock-off products—ultimately leading him to rename or close a number of stores.
- A small company developed a new lighting method and sought out our counsel. We worked swiftly to help them obtain several patents in a variety of fields to which the lighting method was applicable. Today, the company projects significant growth and an increase in revenue from both sales and licensing arrangements.
Click here to see a patent for a link assembly for a watch bracelet.
Click here to see a patent for a baby bottle with pressure relief valve.
Click here to see a patent for a hinge connector for frames for glasses.
Click here to see a patent for a foldover buckle extender.
Click here to see a patent for a utility knife with quick release housing.