103 F. Supp. 2d 711 (S.D.N.Y. 2000), aff’d, 294 F.3d 383 (2d. Cir. 2002)
Plaintiff owned the trademark Field & Stream for publications, and defendant owned the Field & Stream trademark for clothing and other products. The parties had co-existed for decades and had more recently entered into concurrent use and settlement agreements specifying the products reserved to each. We won summary judgment dismissing plaintiff’s trademark infringement claims seeking to invalidate the concurrent use agreements based on allegations of breach of contract and likelihood of public confusion. At a trial on defendant’s counterclaim for breach of a covenant not to sue, we won a judgment of $1.8 million which was affirmed by the U.S. Court of Appeals for the Second Circuit.