Defended the publisher of a national news magazine against claims of trademark infringement brought against it by a leading Cambridge-based educational institution. The defense involved the successful invocation of a number of Lanham Act doctrines. The case resulted in a settlement under which all infringement claims were dismissed.
Represented one of the largest American pharmaceutical companies in litigation brought against it in Boston. The representation concluded by settlement upon terms favorable to the client.
Represented a small, independent record company in litigation that ensued when the members of one of the most successful “boy bands” of the 1990s disaffirmed their recording contracts with the client and signed new contracts with a major recording label. The litigation focused upon the rights of the record company and the group members in the trademark under which the band’s recordings had been released. The litigation resulted in a major decision by the United States Court of Appeals in favor of the record company. That decision continues to be cited in cases involving competing claims to the names of musical acts.
Represented this museum in connection with intellectual property cases arising out of its collection and the reproduction of various works in the collection.
After aggressively litigating trademark infringement action brought on behalf of our client, defendants agreed in a settlement that it shall not directly or indirectly use, advertise, promote or display any name or mark containing our client’s name or mark in Massachusetts, for insurance-related services.
Negotiation of an early settlement of a patent infringement suit whereby client agreed to re-design its product. Case was dismissed with no payment of damages.
Our client was sued for allegedly infringing a patent pertaining to the method by which our client’s product was packaged. Though the client denied any infringement, the client was able to settle the matter on favorable terms, including an advantageous license arrangement.
Represented the author of an investment trading guide in litigation against a software developer who wrote and marketed a computer program that embodied the author’s trading techniques. This litigation culminated in a federal trial that led to a decision by a United States District Court judge in favor of the author. At the time, that decision received national attention, as it was the first case in the country in which the author of a literary work had successfully sued a software developer for infringement of the text of the work.
Our client, a life sciences company, was accused by a competitor of patent infringement relating to an insertion method for a medical device. After briefing and a hearing, the Court disposed of the case on summary judgment, finding the patent-in-suit obvious as a matter of law.