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Partner Download vCard Admissions
1997, New York, U.S. District Court, Eastern and Southern Districts of New York and District of New Jersey Education:
Touro College Jacob D. Fuchsberg Law Center (J.D., cum laude, 1996) Notes and Comments Editor, Touro International Law Review. Member:
New York State Bar Association (Member, Intellectual Property Section) Practice Areas:
Trademarks Copyrights Litigation Domain Name Disputes Licensing Anti-counterfeiting Recent Cases: Retail Brand Alliance, Inc. v. Boston Brothers B.V., H+H Holdings B.V. and Stock Internationale Mode GmbH & Co. KG (Local Court Düsseldorf, Germany 2008). Commenced a proceeding on behalf of Retail Brand Alliance, Inc., the owner of the BROOKS BROTHERS trademarks, arising from defendants’ use of the mark BOSTON BROTHERS in a stylization that was confusingly similar to the well-known stylization used by Brooks Brothers. The Local Court in Germany issued a preliminary injunction in favor of Retail Brand Alliance. The case was concluded upon defendants’ payment of damages to Retail Brand Alliance and their acceptance of the preliminary injunction as a final order and judgment. In-N-Out Burgers v. Joe’s In and Out Burger et al. (EDNY 2008). Represented the well-known In-N-Out Burgers chain in a trademark enforcement action to prevent the unauthorized use of the IN-N-OUT trademark and trade dress. Obtained a preliminary injunction directing defendant to immediately discontinue all use of the IN-N-OUT trademark and trade dress. Cowgirl Tuff Co., Inc. v. Westmoor Mfg. Co. (D.MN 2007). Successfully defended Westmoor Mfg. in a declaratory judgment action. The case settled on favorable terms. Goyin, LLC v. Goya,Foods, Inc. (D.Utah 2007), Goya Foods, Inc. v. Goyin, LLC (D.NJ 2007) and Goyin, LLC v. Goya,Foods, Inc. (TTAB). Represented and defended Goya Foods in three simultaneous actions in the District Courts of Utah and New Jersey and the Trademark Trial and Appeal Board. Goya Foods successfully moved to dismiss the first filed declaratory judgment action in Utah and the New Jersey and TTAB proceedings were settled on favorable terms to Goya. King Zak Industries, Inc. v. Innovation Bargain, LLC and Sunil Mirpuri (D.NJ 2007). Commenced an action on behalf of King Zak to enforce its copyright and trade dress rights in product packaging for plasticwear products. Nautica Apparel, Inc. v. Get Nauti, Inc., Ella Vickers and Catchware, Inc. (D.NJ 2007). Successfully cancelled the trademark registration NAUTI GEAR and design before the United States Patent and Trademark Office and commenced an action in Federal Court seeking a permanent injunction and damages arising from the use of the NAUTI GEAR and sail design mark. The case settled on favorable terms. King Zak Industries, Inc. v. Barry Shimon d.b.a. Worldwide Sales Corp. (D.NJ 2007). Commenced an action on behalf of King Zak to enforce its copyright and trade dress rights in product packaging for trash bag products. The case settled on favorable terms. King Zak Industries, Inc. v. Christmas Tree Shops, Inc. (D.NJ 2007). Commenced an action on behalf of King Zak to enforce its copyright and trade dress rights in product packaging for plasticwear products. The case settled on confidential terms. Nautica Apparel, Inc. v. Ike S.r.l and Maga USA, LLC (D.NJ 2007). Brought an action on behalf of Nautica to enforce the famous NAUTICA trademarks against an Italian watch manufacturer and its U.S. distributor. Juicebox Wine Company, LLC v. Constellation Wines U.S., Inc. (D. Mass. 2007). Defended Constellation Wines in a declaratory judgment action and instituted counterclaims against Juicebox for trademark infringement, cyber-squatting, false designation of origin, false advertising, unfair competition, injury to business reputation and false and deceptive business practices arising. Shortly after our client, Constellation Wines, moved for a preliminary injunction, the matter settled on confidential terms and a permanent injunction and final judgment on consent was ordered by the Court. Allied Management, Inc., Adler Fels Winery, LLC and Amerivine, Inc.v. Raymond R. Horwath, The Wheat Beer Company, L.P. (D.NJ 2006) and Raymond R. Horwath, The Wheat Beer Company, L.P., Starr Milano, Inc., v. Allied Management, Inc., Adler Fels Winery, LLC, David Coleman, and Amerivine, Inc.(N.D. Ca. 2006). Instituted a declaratory judgment action in New Jersey and defended a trademark infringement action in California on behalf of Allied Management, Inc., Adler Fels Winery, LLC, David Coleman, and Amerivine, Inc. concerning the use of the trademark BIG ASS on wine. The cases were settled on favorable terms. Star Creations, Inc. d/b/a ajmadison.com v. Rainbow Appliance Company, LLC a/k/a Rainbow Appliance, Inc. d/b/a Rainbowappliance.com, TD Sherman Limited Liability Company and Eli Klein(D.NJ 2006). Brought an action on behalf of Star to enforce its registered copyrights and for theft of trade secrets, confidential information, proprietary information and intellectual property. Nautica Apparel, Inc. v. Quoizel, Inc. and Capitol Lighting Executive Management Corporation d/b/a www.1800lighting.com (D.NJ 2006). Commenced an action on behalf of Nautica to enforce the famous Nautica trademarks. The case settled on favorable terms and a permanent injunction was issued against Quoizel, Inc. enjoining them from making any use of the Nautica trademarks and any marks confusingly similar thereto including the term Nautical. Charles Komar & Sons, Inc. v. Dollar General Corporation (SDNY 2005). Commenced an action on behalf of Komar, a leading women’s sleepwear manufacturer, to enforce Komar’s registered copyrighted designs. The case settled on favorable terms. Charles Komar & Sons, Inc. v. A&E Stores, Inc., Jinadasa (U.S.A.) Ltd., Hema Jinadasa, Lati Fashions International, Inc. and Mousa Lati, (D.NJ 2005). Brought an action on behalf of Komar, a leading women’s sleepwear manufacturer, to enforce Komar’s registered copyrighted designs. The case settled on favorable terms against all defendants and permanent injunctions were issued by the Court against Jinadasa (U.S.A.) Ltd., Hema Jinadasa, Lati Fashions International, Inc. and Mousa Lati. Charles Komar & Sons, Inc. v. Family Dollar Stores, Inc. (D.NJ 2005). Represented Komar, a leading women’s sleepwear manufacturer, in an action to enforce Komar’s registered copyrighted designs. The case settled on favorable terms. Kipling Switzerland AG and Kipling Belgium NV v. Ramon F. Totengco and Rafe Studio Ltd. (England & Wales High Court of Justice, Chancery Division 2005). In association with local counsel in the United Kingdom, commenced an action on behalf of Kipling for trademark infringement in connection with Kipling’s famous monkey design trademark. The case settled on favorable terms. Star Creations, Inc. d/b/a ajmadison.com v. Skynet Communications, Corp. d/b/a lizmadison.com and Allen Benz (EDNY 2005). Brought an action on behalf of Star to enforce its MADISON and AJ MADISON trademarks. The case settled on favorable terms and a permanent injunction was issued by the Court to protect Star’s trademarks. Car Cash of New York, Inc. v. Fast Cash for Cars, Inc. (D.NJ 2005). Defended Fast Cash for Cars in an action brought by Car Cash of New York alleging trademark infringement, dilution, unfair competition and injury to business reputation arising from the use of certain keyword advertising on the internet. The case settled on confidential terms shortly after Fast Cash for Cars answered and counterclaimed. Coast Internet Solutions, Inc. v. Fastservers, Inc. (D.NJ 2005). Brought a declaratory judgment action on behalf of Coast Internet Solutions seeking a declaration of non-infringement of certain of Fastserver’s trademarks. The case settled on favorable terms. Angels Baseball, LP v. Charles Komar & Sons, Inc. (TTAB 2005). Defended Komar in an opposition proceeding involving its trademark application for ANGEL BOTTOMS. The case settled on favorable terms and the opposition was dismissed with prejudice. Royal Wine Corporation v. Herzog Wine Collection Ltd. (TTAB 2005). Commenced an opposition proceeding on behalf of Royal Wine to enforce Royal’s HERZOG trademarks on wine. The opposition was sustained and registration to the applicant was refused. Retail Brand Alliance v. Oxford Industries, Inc. (TTAB 2005). Commenced an opposition proceeding on behalf of Retail Brand Alliance (the owner of the BROOKS BROTHERS trademarks) to prevent the application for BROOKISLE from proceeding to registration. The opposition was sustained and the applicant withdrew its trademark application with prejudice. Candela NYC, LLC v. Hazel Fraser (TTAB 2005). Commenced an opposition proceeding on behalf of Candela to enforce its CANDELA trademark. The opposition was sustained and the applicant withdrew its trademark application with prejudice. Tommy Hilfiger Licensing, Inc. v. Hanara International, Inc., Worfly International, Inc. and Y.K. Trading, Inc. (NDTX 2004). Commenced an action for trademark counterfeiting, trademark infringement and related Lanham Act claims. The case settled on favorable terms against all defendants and permanent injunctions were issued by the Court against Hanara International, Inc., Worfly International, Inc. and Y.K. Trading, Inc. Nike, Inc. and Tommy Hilfiger Licensing, Inc. v. Ocean State Jobbers, Inc. d/b/a Ocean State Job Lot (D. RI 2004). Commenced an action for trademark counterfeiting, trademark infringement and related Lanham Act claims. The case settled on favorable terms and a permanent injunction was issued by the Court against Ocean State Jobbers, Inc.
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