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Apparel &Textiles
On behalf of a New York-based apparel manufacturer, we sued
a California company for trademark infringement. The Court
determined that the trademark adopted by the defendant was
confusingly similar and decided the case for our client on
summary judgment, without a trial.
We represented a national designer, manufacturer, and distributor
of apparel in a copyright infringement case against the country’s
best-known wholesale Warehouse Club, as well as its supplier.
We ultimately secured a quick and highly favorable settlement.
We undertook a set of actions in China, on behalf of our
client, a well-known professional basketball player. The
actions sought to stop the manufacture and sale of infringing
athletic footwear products bearing the player’s name.
With the assistance of the Administration for Industry & Commerce,
two raids were successfully completed at the manufacturing
site close to the Korean border, and 48,000 pairs of unauthorized
shoes were confiscated. Because of our persistence, the trademark
registrations for the athlete’s name, signature, and
identifying phrases gained unilateral recognition and rights
protection, both of landmark importance at the time.
We led our client, a world-renowned foreign soccer federation,
into a multi-million dollar agreement with a major United
States sporting goods company for the design, manufacture,
and sale of the federation’s jerseys and athletic footwear
products. We ensured that the contract was drafted in English
and Spanish and arranged for the inclusion of an arbitration
provision based on the sport’s rules and Swiss negotiation
guidelines.
We represented a well-known manufacturer of silk underwear
in a major license agreement with a top United States manufacturer
of outdoor sports clothing. Through our guidance and our
assistance on extensive manufacturing agreements with producers
and suppliers from China, our client secured a license which
matched its business objectives.
Click
here to see a patent for covering an apparatus for adjusting
coverage of a portion of a body of a wearer in an article
of clothing.
Automotive & Aerospace
A small company designed an improved windshield wiper for
automobiles. After taking on the role of counsel, we worked
with the company to obtain several vital, worldwide patents
related to the technology behind the invention. As a result
of our swift and thorough action, the improved wiper is expected
to appear on many new cars over the next several years.
Click
here to see a patent for active gas turbine (jet) engine
noise suppression.
Click
here to see a patent for a cooling system for internal
combustion engines.
Biotechnology & Pharmaceuticals
Click
here to see a patent for a safety IV catheter infusion
device.
Click
here to see a patent for a hand-piece for injection device
with a retractable and rotation needle.
Click
here to see a patent for a method for treating symptoms
associated with premenstrual syndrome by administering a
combination of calcium and vitamin D.
Click
here to see a patent for a therapy for herpes neurological
viral conditions utilizing 1,4-dihydropyridine calcium channel
blockers.
Click
here to see a patent for a novel cloning vehicles for polypeptide
expression in microbial hosts.
Click
here to see a patent for an overwrap for fingers and hands
and a method for using it.
Click
here to see a patent for a treatment of chronic diffuse
GI bleeding with erythropoietin.
Click
here to see a patent for sensor membranes.
Click
here to see a patent for a method and apparatus for treating
presbyopia.
Click
here to see a patent for a surgical apparatus and methods
for delivery of a sling in the treatment of female urinary
incontinence.
Click
here to see a patent for a biosensor for detection of small
molecule analytes.
Computer & Electronics
In the intricate area of color correction of motion pictures,
our client was manufacturing its own computer-controlled
system that allowed individual colors in each scene to be
corrected and recorded on videotape. A competitor sued our
client for patent infringement and also sued all of the other
manufacturers and leading users of other versions of the
equipment. After virtually all of the other accused infringers
had settled, we advised our client to proceed to trial rather
than capitulate. The patent owner resumed negotiations with
our client during the trial and the ultimate settlement was
far more favorable than those which the other companies had
obtained. Our tenacity in challenging the patent and developing
stronger defenses contributed significantly to this result.
We worked with a media client to create and file numerous
patent applications on a new consumer electronics product.
The patents were subsequently included in an industry pool
that generated hundreds of millions of dollars in benefits
for our client.
An engineer who had developed a microprocessor-based device
for managing e-mail messages approached us for counseling
assistance. After examining and considering the various means
of protection available under many intersecting IP laws,
we decided on obtaining broad patents for the inventor who
has since been able to capitalize on these registrations
by selling and licensing them for substantial monetary sums.
Click
here to see a patent for a playable optical picture disc.
Click
here to see a patent for an imaging underwater laser radar.
Click
here to see a patent for a battery holder.
Click
here to see a patent for advanced semiconductor emitter
technology photocathodes.
Click
here to see a patent for a 3d imaging laser radar.
Click
here to see a patent for a CD-ROM data retrieval system
using a hands-free command controller and headwear monitor.
Click
here to see a patent for a system and method for disk software
publishers to control disk distribution.
Click
here to see a patent for an electronic baseball card and
stand for the same.
Click
here to see a patent for a method and apparatus for testing
the quality of recorded information.
Consumer Goods & Services
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.
Ecommerce & Information Technology
Our
client owned a registered trademark for a line of jewelry.
A large Internet shopping network registered this same trademark
as a domain name and began selling jewelry on the site. After
a preliminary injunction trial hearing, the Court held that
our client’s registration was valid and had been infringed,
and the network was ordered to change the site’s name.
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.
We obtained favorable decisions from the World Intellectual
Property Organization in mediation proceedings against a
U.S. citizen who had appropriated the names of two famous
Brazilian soccer teams for use as domain names.
Click
here to see a patent for an open commodities exchange.
Jewelry
In a case
involving a well-known jewelry designer behind the widely
popular “baby shoe” pendants, we obtained a preliminary
injunction against an active counterfeiter, securing a recall
of their knock-off charms. The Court held that our client’s
copyright registration, covering all 12 original pendants,
was valid, and that the collection was protected by trade
dress as well.
Our client owned a registered trademark for a line of jewelry.
A large Internet shopping network registered this same trademark
as a domain name and began selling jewelry on the site. After
a preliminary injunction trial hearing, the Court held that
our client’s registration was valid and had been infringed,
and the network was ordered to change the site’s name.
On behalf of a prominent costume jewelry designer, we brought
an action against a company that was manufacturing designs
modeled closely on our client’s—and another against
a company advertising the infringing product in its catalog.
The catalog house insisted that our claim of copyright infringement
rested on our client’s ability to prove that the catalog
house knew of the infringement. The Court upheld our position
that knowledge was not a prerequisite to a finding of infringement,
and ruled in our client’s favor.
On behalf of a prominent jewelry designer and manufacturer,
we filed a copyright infringement action against an Italian
competitor and its central U.S. customer. In the course of
litigation, we found cause to suspect that a document the
defendant was relying on for their defense was a fabrication.
Partly as a result of bringing this issue to the Court’s
attention, our client obtained a significant monetary default
judgment against the rival manufacturer.
Luxury Goods
In a case involving modern lamp design, we represented the
Italian manufacturer of a celebrated lighting fixture. This
halogen lamp was a top-seller around the globe and had earned
a place in the design collections of The
Museum of Modern Art and The Metropolitan Museum of Art,
in New York City. When a manufacturer in Taiwan began to
market a copycat product, we demonstrated to the Court that
the design was strikingly similar. Upon showing that our
client’s model possessed trade dress rights, the Court
issued an injunction against further marketing of the defendant’s
lamp. The defendant’s argument that confusion between
the two brands could be obviated by placing an identifying
label on their product was also rejected by the Court.
Click
here to see U.S. Trademark Registration No. 3,270,850.
Click
here to see U.S. Trademark Registration No. 2,894,978.
Click
here to see U.S. Trademark Registration No. 2,893,025.
Click
here to see U.S. Trademark Registration No. 2,894,979.
Click
here to see U.S. Trademark Registration No. 2,894,977.
Click
here to see U.S. Trademark Registration No. 2,894,980.
Click
here to see U.S. Trademark Registration No. 1,632,262.
Click
here to see U.S. Trademark Registration No. 2,648,166.
Media, Sports & Entertainment
On behalf of a film subtitling company, we filed a contempt
proceeding to enforce a court ordered injunction against
a rival company using a shared trademark for subtitling services
in an unauthorized manner. Our proceeding showed that the
injunction had clearly delineated the respective rights of
the parties as per the underlying litigation. The Court agreed,
finding the opposing party to be in civil contempt. The Court
further ordered that a copy of the injunction be translated
and provided to employees with regular contact with customers
in the U.S.
We worked with a media client to create and file numerous
patent applications on a new consumer electronics product.
The patents were subsequently included in an industry pool
that generated hundreds of millions of dollars in benefits
for our client.
On behalf of a famous female tennis player, we negotiated
a sponsorship and licensing agreement with a well-known German
perfume company based in Cologne. With the benefit of our
counsel, the agreement was broadened to include live appearances
and a larger number of consumer goods to be marketed worldwide.
We led our client, a world-renowned foreign soccer federation,
into a multi-million dollar agreement with a major United
States sporting goods company for the design, manufacture,
and sale of the federation’s jerseys and athletic footwear
products. We ensured that the contract was drafted in English
and Spanish and arranged for the inclusion of an arbitration
provision based on the sport’s rules and Swiss negotiation
guidelines.
We undertook a set of actions in China, on behalf of our
client, a well-known professional basketball player. The
actions sought to stop the manufacture and sale of infringing
athletic footwear products bearing the player’s name.
With the assistance of the Administration for Industry & Commerce,
two raids were successfully completed at the manufacturing
site close to the Korean border, and 48,000 pairs of unauthorized
shoes were confiscated. Because of our persistence, the trademark
registrations for the athlete’s name, signature, and
identifying phrases gained unilateral recognition and rights
protection, both of landmark importance at the time.
Our client, a major entertainment company, had developed
some concepts that became crucial for making, recording,
and distributing entertainment programs. After extensive
consultation with their technical and product development
personnel, we constructed a portfolio to cover their many
innovative processes and concepts. As a result of this work,
the company went on to participate in several joint ventures
with others in their field, exploiting the contents of their
portfolio to secure a number of very lucrative licensing
agreements.
Click
here to see a patent for a dual layer DVD disc, and method
and apparatus for making the same.
Click
here to see a patent for a track athletic trainer.
Click
here to see a patent for a digital projecting apparatus
and method with asymmetrical stroboscopy.
Click
here to see a patent for a system and method for disk software
publishers to control disk distribution.
Click
here to see a patent for an electronic baseball card and
stand for the same.
Click
here to see a patent for a method and apparatus for testing
the quality of recorded information.
Medical Electronics
We represented a medical device manufacturer in multiple
patent infringement suits against the industry’s dominant
company. As a result of many years of intense litigation,
royalty-free cross-licenses were exchanged. The license our
client received ultimately became one of its most important
assets.
A New Jersey-based company developed a new line of medical
injection devices. Working closely with their staff
engineers and technical advisors, we obtained several key
patents for the company—not only on the devices themselves,
but also on a new procedure for delivering the injections.
The procedure came to be recognized as revolutionary in the
field. As a result of our efforts on the whole, the company
was able to obtain crucial financing for its continued operation
and growth.
A small overseas company was trying to get into the booming ‘80s
market for medical devices. Over the course of 20 years,
we helped them obtain over 300 U.S. patents. The company
not only grew, but it went on to become one of the four largest
manufacturers in the field, its patent portfolio evaluated
at more than $200 million when it was finally acquired.
Click
here to see a patent for a dental anesthetic and delivery
injection unit with automated rate control.
Click
here to see a patent for an electrode assembly with cochlear
implant.
Click
here to see a patent for a dental anesthetic and delivery unit.
Miscellaneous
Click
here to see a patent for a method and apparatus for prefabricating
modular structural members.
Click
here to see a patent for a three-dimensional phonetic alphabet.
Click
here to see a patent for a method for communicating with
aquatic mamals.
Packaging
Click
here to see a patent for a pleated packaging wrapper and
method of wrapping objects using the same.
Click
here to see a patent for a perfume bottle.
Papermaking & Printing
Click
here to see a patent for a cooling composite doctor blade
assembly for pulp or papermaking machine doctors.
Publishing
We obtained summary judgment for a book publisher involved
in numerous disputes over copyright infringement. During
a subsequent jury trial to address remaining unresolved
issues, we sought out and successfully negotiated a favorable
settlement of the dispute.
Telecommunications
A well-known Internet phone service provider found that
its trademark was being used without authorization in various
domain names. We were able to secure the rights to, and the
transfer of, these domain names to our client. The domains
included .com, .net, and .info under the Uniform Domain Name
Dispute Resolution Policy, and .co.uk under the Nominet U.K.
Dispute Resolution Service Policy.
Through litigation, we received a favorable outcome for
our client, an international entity charged with promoting
education in remote, sparsely populated areas and assisting
nationals of its 13 member-countries living abroad.
Click
here to see a patent for a cooling satellite-based positioning
system receiver for weak signal operation.
Click
here to read the decision relating to the domain name net2phone.co.uk.
Click
here to read the decision relating to the domain name net2phoneperu.com.
Click
here to read the decision relating to the domain name n2phone.com.
Click
here to read the decision relating to the domain name net2phone.info.
Click
here to read the decision relating to the domain name net2phones.net.
Click
here to read the decision relating to the domain name net2phoneoffer.com.
Click
here to read the decision relating to the domain name net2phone-europe.com. |
