Decisions

January 1, 2000

98 Civ. 7448 (S.D.N.Y. 2000)

We represented the heirs of Edgar Rice Burroughs in the first case interpreting the 1976 Copyright Act’s termination provisions. The decision required editing MGM’s 1981 remake of its 1932 film Tarzan, The Apeman, but then held that the edited version did not contravene the provision of a 1931 motion picture license requiring MGM to adhere to the original story in exercising the right granted to it to remake the original production of this film and did not violate the Burroughs’More

January 1, 2000

00 Civ. 0495 (LAK) (SDNY 2000)

We obtained permanent injunctive relief against several Internet watch counterfeiters, as well as for other famous brand watches. Although these defendants defaulted, we were able to convince the judge at a damages hearing (based on the purchase of one counterfeit watch from each site,More

January 1, 2000

No. CV-S-00-0167 (D. Nev.) 2000

We obtained an order transferring the domain name MARIAHCAREY.COM and granting a permanent injunction enjoining defendants’ further use of the well known personal name and mark MARIAH CAREY. More

January 1, 2000

112 F. Supp 2d. 330, 56 U.S.P.Q.2d 1176 (S.D.N.Y. 2000)

We won summary judgment on First Amendment and other grounds dismissing
plaintiff’s U.S. Trademark Act claims of likelihood of confusing arising out of
the parodic inclusion in DC Comics’ “Flex Mentalo” comic books of a
copy of the well known and often-mocked Charles Atlas “Hero of the
Beach”More

September 22, 1999

15 F. Supp. 2d 389 (S.D.N.Y. 1998), aff’d, 192 F.3d 337 (2d Cir. 1999)

We successfully represented the plaintiff in a case of first impression in the Second Circuit on the issue of when a trademark, “Lane,” is primarily merely a surname. In affirming the District Court’s grant of summary judgment enjoining the defendant from using the Lane Capital Management name,More

July 15, 1999

99 Civ. 0810 (DB) (S.D.N.Y. July 15, 1999)

We obtained a preliminary injunction in an action brought by the exclusive authorized U.S. distributor of Citizen watches against wholesale and retail distributors of gray market products.More

May 19, 1999

1999 TTAB LEXIS 217 (T.T.A.B. May 19, 1999)

We represented Carvel Corporation in its successful opposition against a
former licensee’s attempt to register the mark THE ICE CREAM BAKERY. The
applicant argued that Carvel had abandoned THE ICE CREAM BAKERY through naked
licensing,More

July 13, 1998

14 F. Supp. 2d 339 (S.D.N.Y. 1998).

We successfully represented the producer of the famous film, “Bridge on the River Kwai,” in a trademark infringement suit against the producer of “Return from the River Kwai.” We asserted that the title, “Return from the River Kwai,”More

March 11, 1998

97 CV 00214 (3/18/97) 98 CV 01730 (3/11/98) (C.D. Cal.)

In a case of first impression, we successfully argued that in a federal
court action seeking to cancel the defendant’s trademark registration, the
applicable factors to be applied are those established by the Federal Circuit,More

January 1, 1998

960 F. Supp. 710 (S.D.N.Y. 1997), aff’d in part, rev’d in part and remanded, 159 F.3d 1347 (2d Cir. 1998)

In 7 year litigation successfully represented widow of artist Patrick Nagel who won ownership in trial and on appeal of more than half of 338 copyrights at issue for paintings reproduced in Playboy magazine in 1974-84 period.More