
The
Firm represents clients in trial and appellate litigation
in the federal and state courts throughout the United States
, in arbitrations before the American Arbitration Association,
and other alternative dispute resolution bodies, and in inter
partes proceedings in the U.S. Patent and Trademark
Office. The Firm represents parties asserting their rights
as well as parties accused of violating the rights of others.
We view litigation as a means to an end, not as an end in
itself. Each step in litigation is undertaken only after an
informed judgment is made regarding its necessity and cost-effectiveness.
At the same time, we have earned a reputation for creative,
vigorous and persuasive advocacy and have a history of success
in many notable cases, either through trial or in the form
of a favorable settlement.
For example, during the past three
years, to the considerable financial benefit of our clients,
the Firm has successfully intervened in the federal courts,
and in international administrative proceedings, to compel “cybersquatters” and “typosquatters” (including
several pornographers) to abandon or relinquish extremely valuable
Internet domain names, and to compel publishers of competing
magazines to cease use of infringing titles and trade dress.
The Firm's attorneys also have considerable expertise in litigating
failed technology systems claims and related intellectual property
claims, often on behalf of the insureds of leading insurance
providers.
In recent litigation, the Firm: secured the dismissal of a
defamation lawsuit brought against the leading men's lifestyle
magazine (in BT Hardhat Corp. d/b/a Powder v. Dennis Maxim,
Inc. , a New York court granted defendant's motion to
dismiss, thereby avoiding both the expense of pre-trial discovery
and a trial); won a complete victory on behalf of a rock-and-roll
legend and one of the founding members of Deep Purple (in Legend
Artists Management v. Blackmore , where we persuaded an
appellate court not only to dismiss every claim brought by
our client's former managers, but also to hold that our client – the
defendant in the case – was himself entitled to substantial
damages); on the heels of the Firm's motion for summary judgment
in a trademark cancellation proceeding against one of the nation's
leading purveyors of branded goods and services on the basis
of a novel legal attack on its “warehousing” of trademarks
on the grounds of foreign registrations, achieved a major settlement
providing for that purveyor's consent to all of our client's
trademark applications at issue in the litigation.
Earlier significant victories of the Firm include:
· Gutcheon v. Maltby, Jr. (in an unprecedented
decision and after a 9 day trial, a musical and vocal arranger
was held by the court to be one of the collective authors of
the musical stage play Ain't Misbehavin' and thus
entitled to an award equal to 15% of the play's authorship
profits);
· Windows User, Inc. v. Reed Business Publishing
Ltd. (first-ever attempt to enjoin a third party's
use of a trademark, based upon our client's prior filing
of an intent-to-use application for the same mark, resulted
in settlement in which our client secured the exclusive right
to use the mark in the United States);
· Stellema et al. v. Vantage Press, Inc. et al .
(in the first common-law fraud class action to be approved
by an appellate court in United States history and the first
class action ever to go to trial in the courts of New York
State, filed on behalf of 3,000 authors, a jury verdict was
obtained which included one of the largest punitive damages
awards in the New York State court system at the time and was
reported on the front page of The New York Times and
on 60 Minutes) ; and
· Rod Stewart v. American Talent International,
Inc. (the Firm, after a 4 day arbitration trial, recovered
substantial breach-of-contract damages and attorneys' fees
for this renowned rock performer).

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