Litigation
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).