INTELLECTUAL PROPERTY LITIGATION
- We represented Harpo Inc., the owner of the Oprah family of trademarks, and Dr. Mehmet Oz, who hosts the Dr. Oz television show, in the prosecution of an action for right of publicity, false endorsement, trademark infringement and other claims against numerous internet marketers of dietary supplements and other products that used Oprah Winfrey's and Dr. Oz's names and likenesses without their consent.
- We successfully defended American Express in two lawsuits in connection with its MY LIFE. MY CARD. advertising campaign that was created by our client Ogilvy & Mather, American Express's long standing advertising agency. In each case, we successfully dismissed the plantiff's trademark and/or copyright claims.
- We successfully defended Coty, Inc., one of the world's largest perfume manufacturers, and its advertising agency, Laird & Partners, in an action for copyright and trademark infringement and false advertising in connection with an advertising campaign for Vera Wang's Princess perfume.
- We successfully defended AT&T and Young & Rubicam in a suit alleging copyright and trademark infringement when a mural by the plaintiff was filmed in the background of a commercial. We proved that the mural did not function as a trademark and the lawsuit was dismissed.
- We successfully represented the plaintiffs in a high-profile copyright-infringement lawsuit in which two screenwriters alleged that the hit movie Dodgeball: A True Underdog Story infringed the copyright in their screenplay Dodgeball: The Movie.
- We successfully defended AOL in a copyright-infringement lawsuit concerning an advertisement that AOL ran during the Super Bowl.
- We represented Alpha Media Group, the owner of Maxim magazine, in a trademark infringement, dilution and breach of license action against EMI Resorts, a former licensee that owns and operates resorts in the Dominican Republic.
- We represented Harpo Inc., Oprah Winfrey's company, in a trademark and right of publicity declaratory judgment action brought by Mutual of Omaha concerning its use of Oprah's signature phrase "Aha Moment" in an advertising campaign.
- We represented the advertising agency BBDO Worldwide in a lawsuit brought by Levon Helm, a former member of the rock group The Band. Helm asserts that the use of his vocal performance on "The Weight," The Band's signature song, in a television commercial for Cingular Wireless violates his right of publicity and right of privacy under New York Civil Rights Law § 51.
- We represented the Tribeca restaurant Forge and its owners, including chef Marc Forgione, whose nickname is "Forge," against claims of trademark infringement and dilution brought by Shareef Malnick, the owner of The Forge Restaurant in Miami.
- We represented American Express in a trademark infringement, unfair competition and dilution action brought by H&R Block. H&R Block alleged that an American Express ad featuring Ellen DeGeneres and Beyoncé that poked fun at the saying "have your people call my people" infringed on a group of alleged H&R Block trademarks that use the word "people."
- We successfully defended a copyright infringement claim brought against the advertising agency that created the "Bud-Weis-Er" frogs campaign by an individual who claimed to have created the characters while he was a bartender.
- We prosecuted a copyright infringement matter for Covington Industries to enforce a copyright on one their best selling and profitable plaid fabric designs. We proved that the design in fact contained original coloring, spacing and weaving and the court agreed thus providing full copyright protection to a valuable design.
- We successfully negotiated the settlement of a copyright infringement action brought against RJR Tobacco Company and its former marketing agency, Kevin Berg & Associates, for the use of a graphic image in advertising and promotional materials. Prior to settlement, we successfully dismissed the plaintiff's claim for a ten times multiplier of her actual damages.
- We successfully obtained at trial a complete dismissal of a copyright infringement claim brought by composers of musical compositions who claimed that daytime soap operas produced by our client, Procter & Gamble, and others, infringed their musical compositions.