Copyright, Trademark and Trade Secrets Litigation

Intellectual Property Litigation

Key Contacts

Experience

  • Achieved a significant victory for GranBio and Bioflex against American Process when the district court granted our motion to compel arbitration, denied plaintiffs’ motion for preliminary injunction and stayed the case. American Process had asserted claims for (1) misappropriation of trade secrets, (2) breach of contract, (3) declaratory judgment of ownership of certain technology, and (4) specific performance requiring GranBio to enter into a license agreement with API.
  • Won a full defense verdict for Bombardier Recreational Products (BRP) defeating a $130 million trademark infringement claim brought by Jaguar Land Rover. Following an eight-day trial with 19 witnesses, an eight-person jury rendered a 7-1 verdict in BRP’s favor, finding that BRP’s Can-Am Defender off-road vehicle did not infringe Land Rover’s trademark for DEFENDER. 
  • Secured a “big win” for MillerCoors in one of the “Top 7 Trademark Rulings of 2019” per Law360, when the district court denied Stone Brewing’s motion seeking a preliminary injunction in a highly publicized trademark action against our client. The plaintiff sought to force MillerCoors to change beer cans and packaging for Keystone Light, which the company redesigned in 2017. 
  • Reached an important settlement on behalf of Fidelity in a trademark infringement suit arising out of Omni Hotels' planned opening of an Omni-branded hotel one block from Fidelity's Seaport Hotel in Boston, with the proposed name “Omni Boston Seaport Hotel.” The new Omni hotel will now be called "Omni Boston Hotel at the Seaport." 
  • Obtained an important copyright win for artist Matt Furie when Alex Jones’ Infowars media outlet agreed to disgorge all its profits (and additional damages) from the unauthorized sale of a poster that featured Mr. Furie’s iconic “Pepe the Frog” character. Legal commentators observed that the case offers “important lessons for people thinking about how copyright law works in the meme world,” and reinforces that copyright protection applies with equal force to viral internet content as it does to more traditional creative works. 

Copyright, Trademark and Trade Secrets Litigation