Trademark, Unfair Competition,
and Other Complex Litigation

A significant aspect of the Firm's practice is devoted to enforcing our clients' valuable trademark rights against infringers, as well as those entities who unfairly compete with our clients. For example, we have successfully represented a subsidiary of Penske Corporation in the policing of its valuable trademark rights around the world. In the U.S., when competitors began selling vehicular lighting products using many of our client's model numbers, we developed a cutting-edge protection strategy securing federal trademark and copyright protection for these model numbers, and then instituted actions, alleging trademark infringement and unfair competition, aimed at preventing these competitors from deliberately trading off of our client's enormous goodwill and reputation, as embodied in its model numbers. The defendants have all agreed to, among other things, permanent injunctions and the purging of their offending products and marketing literature from the marketplace. In Indonesia, Australia, New Zealand, Brazil, and India, we successfully directed litigation against rogue resellers of our client's trademarked products, and stopped them from sourcing and selling counterfeit products.

In addition, we have successfully brought and defended cases alleging trade-secret violations and copyright infringement. In one of the few false patent-marking cases to go to trial in the last 15 years, we achieved a complete defense jury verdict on behalf of our client. Prior to trial, we obtained summary judgment in favor of our client on plaintiff's breach of license claims. We also represented the client on the appeal to the Court of Appeals for the Federal Circuit, which affirmed the jury's verdict and the trial court's grant of summary judgment.

Given our experience, reputation, and results in litigating intellectual property cases, our institutional clients have sought us out to litigate complex contract actions. AirSep Corporation, a leading medical products manufacturer whom we had successfully defended in a patent infringement action, turned to us when they were forced to recall their oxygen concentrators on account of incidents of fires. We instituted a breach of warranty action in federal court against the Italian manufacturer of the capacitors, and the New Jersey distributor of the capacitors. The defendants paid several $100 thousand to our client in settlement of the action.