- (Trademark Trial and Appeal Board, USPTO) Represented numerous guitar manufacturers in one of the largest United States trademark oppositions to applicant’s registration for product configuration trademarks in three guitar body shapes. Successfully opposed Applicant’s registrations by proving that the body shapes were not distinctive and had become generic. No appeal was made to this precedential TTAB decision.
- (United States District Court, Southern District of New York) Represented client in consolidated cases over federal trademark infringement. Successfully had opponent’s declaratory judgment case transferred from California to New York on grounds that opponent made an improper
anticipatory filing before our client filed a federal trademark infringement lawsuit. During discovery, negotiated a substantial favorable settlement for client.
- (United States District Court, District of New Jersey) Represented musical instrument manufacturer in a patent and trademark infringement lawsuit against audio equipment manufacturer. Obtained favorable settlement for Plaintiffs.
- (United States District Court, Central District of California) Represented musical instrument manufacturer against audio accessory manufacturer in federal and common law trademark infringement suit. Obtained favorable settlement for client after start of trial.
- (United States District Court, Western District of North Carolina) Represented Defendants in trademark ownership dispute for marks federally owned by Defendants and passed down to Plaintiff by testamentary instrument. Obtained dismissal for lack of personal jurisdiction, improper venue and insufficient service of process. Decision was not appealed.
- (NJ Superior Court) Represented founding band member and shareholder in a precedential suit against other band members and the corporate entity for breach of shareholder agreement and for failure to distribute profits. Obtained both money damages and attorney’s fees.
- (United States District Court, Middle District of Florida) Represented a US musical instrument distribution company in a precedential lawsuit against a foreign musical instrument manufacturer for breach of distribution contract. Successfully defeated a motion to dismiss for lack of jurisdiction and negotiated favorable settlement for client.
- (United States District Court, Central District of California) Successfully defended toy manufacturer in product configuration trademark infringement lawsuit by prominent doll manufacturer.
- (United States District Court, Eastern District of New York) Successfully obtained dismissal for clients – studio, producer and engineer – in landmark music sampling litigation.
- (United States District Court, Central District of California) Obtained favorable post mediation settlement for plaintiff in suit over unauthorized use of music instrument manufacturer’s federally registered trademarks on clothing.
- (United States District Court, Southern District of New York) Successfully defended clients sued by giant entertainment conglomerate and achieved favorable settlement from Plaintiffs for copyright infringement.
- (Trademark Trail and Appeal Board, USPTO) Successfully fought in the Trademark Trials and Appeals Board to recover and secure federal trademark registration for the name for one of the founding rock bands from the 1950’s.
- (United States District Court, Northern District of New York)Successfully defended foreign custom guitar parts builder in trademark litigation against large guitar manufacturer.
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List of education, bar admissions, affilliations, memberships, etc.Credentials