Ryan A. McGonigle
Associate
Email:
Admissions
Admitted to the Bar of the State of New Jersey, December 2001
Admitted to the Bar of the State of New York, January 2002
United States Court of International Trade 2004
United States District Court for the Southern District of New York 2005
United States District Court for the Eastern District of New York 2009
U.S. Court of Appeals for the Federal Circuit 2009
Education
St. John's University, Jamaica, N.Y., (B.A., Government and Politics, 1996)
Pace University School of Law, White Plains, N.Y. (J.D., 2000)
Temple University School of Law, Philadelphia, Pa. (LL.M., 2002)
Member
INTA – International Trademark Association
Languages
Portuguese
Spanish
Greek
Read/Write French and Basque
Practice Areas
Intellectual Property Law
Trademarks
Copyrights
Litigation
Infringement
Licensing
Computer Law
Recent Cases
White Rock Distilleries, Inc. v. Franciscan Vineyards, Inc. (N.D.Ca. 2009). Defended Franciscan Vineyards, Inc. in a first-filed declaratory judgment action filed by White Rock Distilleries, Inc. in the Northern District of California. Successfully moved to dismiss the declaratory judgment plaintiff's complaint on the grounds that the Court lacked subject matter jurisdiction.
Aco FAbrica de CalÇado, S.A. v. Tic-Tac-Toes Mfg. Corp. (N.D.N.Y. 2006). Represented Plaintiff/Counterclaim Defendant, Aco FAbrica de CalÇado, S.A., a Portugal-based shoe manufacturer, in trademark infringement litigation filed in the Northern District of New York. The matter settled on confidential terms.
Alex Meat & Provision, Inc. and Alex's Meat Corporation. v. Alex's Meat Distributors Corp., et al. (E.D.N.Y. 2009). Commenced an action on behalf of Plaintiffs Alex Meat & Provision, Inc. and Alex's Meat Corporation in the Eastern District of New York for trademark and trade dress infringement seeking a temporary restraining order and injunction. Successful in litigating the matter in the Eastern District of New York when the first filed action was filed 31-minutes earlier in the Southern District of New York. Obtained a temporary restraining order on behalf of plaintiffs and shortly thereafter the parties reached an amicable settlement.
Zabar's & Co., Inc. v. Zaba's Grill, LLC (TTAB 2004). Assisted with the prosecution of opposition proceeding on behalf of Zabar's & Co., Inc. including drafting of trial brief to enforce Zabar's trademarks. The opposition was sustained and registration to the applicant was refused.
Church & Dwight Co., Inc. v. Randall S. Asher (D.N.J. 2007) and The Procter & Gamble Company v. Randall S. Asher, D.D.S., M.S. (D.N.J. 2007). Defended Dr. Randall S. Asher, D.D.S., M.S. in twin-filed declaratory judgment actions in the District of New Jersey that were filed after Dr. Asher had commenced a patent infringement lawsuit in the District of Colorado against both parties. The declaratory plaintiffs in both actions voluntarily dismissed their actions against Dr. Asher after Motions to Dismiss or Stay were filed.
GoYin, LLC v. Goya Foods, Inc.M (D. Utah 2007). Defended Goya Foods, Inc. in a first-filed declaratory judgment action filed by GoYin, LLC in the District of Utah. Successfully argued Goya Foods' omnibus Motion to Dismiss, Transfer or Stay GoYin's declaratory judgment complaint on the grounds that it was an anticipatory filing. The matter was transferred to the District of New Jersey for disposition.
Otels, Inc. v. Metin Altun and Met Global, Inc. (E.D. Va. 2007). Defended Metin Altun and Met Global, Inc. in a trademark infringement action and instituted counterclaims against Otels, Inc. for cancellation of its registered trademark in the Eastern District of Virginia, also known as the "Rocket Docket." The matter settled on confidential terms.
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.
Urban Outfitters, Inc., Urban Outfitters Wholesale, Inc. and Free People, LLC v. BCBG Max Azria Group, Inc., Streetbeat Sportswear, Inc. and Max Rave (E.D. Pa. 2007). Defended Streetbeat Sportswear and its related companies against plaintiffs' claims of trademark infringement and unfair competition arising from Streetbeat's use of its incontestable trademark registration TRUE PEOPLE.
