Scarinci Hollenbeck Achieves Major Victory in Trademark/Competition Case

Scarinci Hollenbeck Achieves Major Victory in a Novel Trademark/Competition Case

Scarinci Hollenbeck achieved a major victory in a novel trademark/competition case in securing a preliminary injunction against a disgruntled former associate of the firm’s client, Levinson Axelrod.

In September of last year, the former associate launched a website attacking the law firm with a domain name that was almost identical to that of the firm’s corporate website address. The former associate contended that his postings were protected by the First Amendment and did not violate trademark law because the site had no commercial purpose. In turn, Scarinci Hollenbeck attorney Thomas J. Cafferty successfully argued that the associate used the law firm’s protected mark in connection with goods or services in a manner likely to cause confusion as to the affiliation between the former associate’s website and the law firm’s. U.S. District Judge Ann Thompson recognized the validity of the trademark infringement argument as well as arguments that the actions amounted to cybersquatting, dilution and unfair competition, and issued a preliminary injunction against the former associate and his law firm.

Mr. Cafferty was joined by Nomi Lowy and Lauren James-Weir, who worked with him in drafting briefs and pleadings and in crafting the strategy to achieve the favorable result for the client.

CONTACT

Peter S. Moeller

RELATED INFORMATION

Thomas J. Cafferty

Nomi I. Lowy

Lauren James-Weir