Decisions

January 1, 1989

868 F.2d 1313 (2d Cir.), cert. denied, 493 US 883 (1989)

We established the point that defendant’s joint authorship with plaintiff of an underlying medical work did not entitle him to claim copyright co-ownership or fair use of the material newly added by plaintiff to derivative work based on the co-authored underlying work where the defendant had not participated in preparing the new material to update the original work.More

January 1, 1988

501 F.Supp. 848 (S.D.N.Y. 1986), aff’d 723 F.2d 195 (2d Cir. 1983), reversed and remanded, 471 US. 539 (1988)

The Nation magazine, without authorization, had copied portions of former President Gerald Ford’s unpublished memoirs. In this landmark case involving the fair use doctrine,More

January 9, 1987

6 U.S.P.Q. 2d 1153 (S.D.N.Y. 1987)

We represented American Express, obtaining a summary judgment of dismissal of plaintiff’s copyright claims against that company, but a multi-million-dollar jury verdict was ultimately returned against the other remaining defendants.More

January 1, 1987

5 U.S.P.Q. 2d 1023 (D.N.J. 1987)

We obtained broad injunctive relief against false claims of equivalence to the famous Lego brand construction toys.More

January 1, 1986

486 F. Supp. 1273 (S.D.N.Y. 1986)

This trial decision, involving DC Comics’, “Plasticman” and “Aquaman” characters, has gone further than any other in upholding and broadening character protection under the U.S. Trademark Act by holding the ingredients of entertainment characters to function as symbols of origin that can be protected from unauthorized copying.More

January 1, 1982

456 U.S. 844 (1982)

The U.S. Supreme Court established standards for contributory infringement and functionality in trademark cases in this case involving the appearance of the prescription drug capsules of Cyclosposmol.More

January 1, 1981

658 F.2d 76 (2d Cir. 1981)

We took the U. S. Trademark Act further to prohibit the unauthorized use of an orange Dodge Charger, an element of Warner Bros.’ successful television series “The Dukes of Hazzard.”More

January 1, 1979

482 F.Supp. 494 (S.D.N.Y. 1979)

We began a series of cases in which we expanded protection for entertainment properties under Section 43(a), the U.S. Trademark Act’s unfair competition provision. In this decision, the Court prohibited the unauthorized use of the term “Daily Planet,”More

January 1, 1976

190 U.S.P.Q. 80 (S.D.N.Y. 1976)

We established protectability of the ROLLS-ROYCE radiator grill as an identifying symbol of origin.More

January 1, 1976

428 F. Supp. 689 (N.D. Ga. 1976)

We established protectability of the ROLLS-ROYCE radiator grill as an identifying symbol of origin.More