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Litigation of trademark, unfair competition, and Internet-related matters across a broad spectrum of industries (including publishing, entertainment, consumer products, fashion, and others); trademark prosecution; Uniform Dispute Resolution Proceedings to recover domain names; opposition and cancellation proceedings in the Trademark Trial and Appeal Board; negotiating and drafting settlement and coexistence agreements, assignments, licenses, and other commercial agreements; counseling on above areas of law.
Amherst College (B.A., cum laude, 1982); University of Pennsylvania (J.D., 1985).
Member: The Association of the Bar of the City of New York; American Bar Association (Member, Intellectual Property Law Section); New York State Bar Association (Member, Intellectual Property Law Section); American Intellectual Property Law Association.
New York State
United States District Courts for the Southern and Eastern Districts of New York
797 F.3d 1363 (Fed. Cir. 2015), cert. denied, 136 S.Ct. 982 (2016)
On behalf of our client Jack Wolfskin Ausrustung Fur Draussen GmbH, we obtained a reversal of a decision of the Trademark Trial and Appeal Board ("TTAB") at the U.S. Court of Appeals for the Federal Circuit. The TTAB had found that our client's application was likely to cause confusion with the appellee's registered mark, but the Federal Circuit held that the TTAB erred by improperly dissecting the appellee’s mark and by giving insufficient weight to voluminous evidence of third party use we submitted supporting our client's position. Following the decision, New Millennium filed a petition for certiorari in the U.S. Supreme Court. On behalf of Jack Wolfskin, we filed a brief opposing the petition. On January 25, 2016, the Supreme Court denied the petition and declined to hear the case, letting the Federal Circuit decision stand.
Opp. Nos. 91178281, 91178290, 91178297 and 91178410 (consolidated) (T.T.A.B. Feb. 7, 2013)
The Firm successfully defended Hebei Aulion Heavy Industries Co., Ltd. ("Hebei Aulion"), a Chinese company, in its bid to register LOVOL.