Olshan’s Litigation Group has an impressive record of success in prosecuting and defending intellectual property cases in federal and state courts and false advertising claims in court and before the National Advertising Division of the Better Business Bureau.
An Experienced Team
Our Litigation Group has extensive experience litigating intellectual property claims. Supported by the highly specialized experience of our Intellectual Property, Advertising, Marketing & Promotions, and Employment Practices Groups, we possess the skill set needed to build the strongest case to achieve success. We have favorably resolved claims of trademark, trade dress, copyright and design patent infringement, counterfeiting, false advertising, misappropriation of trade secrets and breaches of restrictive covenants in employment agreements.
In addition, leading manufacturers and members of the fashion industry regularly call on us to enforce their rights against counterfeiters. Olshan has brought many cases against counterfeiters, procuring numerous injunctions and seizure orders against them, and recovering monetary damages for our clients.
Protection of intellectual property rights is often time-sensitive making swift action necessary. Olshan’s litigators are very experienced in filing motions for preliminary injunctions to stop infringers in their tracks and have litigated many types of disputes on very short notice. Our experience extends well beyond the preliminary injunction stage, through trial and appeals, when necessary. Our Litigation Group often tries a number of significant matters each year and its leading partners have cumulatively tried more than 50 cases to judges or juries.
The Approach
We promptly evaluate our client’s rights and the likelihood of success, assemble a team of attorneys appropriate to the demands of the case, and develop and execute a litigation strategy under tight time constraints. Further, we have developed relationships with many well-regarded leading experts who we call on to testify for our clients. These relationships are especially important because expert testimony often proves critical to winning an intellectual property case.
- Successfully represented the defendant in a trademark infringement suit, procuring denial of the plaintiff’s motion for a preliminary injunction and subsequently winning dismissal of the action without paying anything to the plaintiff or ceasing use of the mark at issue. Olshan’s team was able to accomplish these results after successfully meeting the demands of a court-ordered expedited discovery schedule and three days of hearings involving the testimony of more than six fact witnesses and a testifying expert. The team also promptly located and retained an independent expert who conducted an objective study and, on the basis of the study, provided an expert report critical to the outcome.
- Successfully represented the plaintiff in a trade dress infringement action that was commenced within days of first debriefing the client and resulted in the defendant agreeing to a consent injunction and paying attorneys’ fees just before the hearing on the plaintiff’s motion for a preliminary injunction was about to commence. After a multiday factual hearing, we procured in federal court a preliminary injunction against a former executive’s competition with the firm’s client-plaintiff thereby protecting our client’s trade secrets and its other confidential commercial information. Thereafter, we achieved a highly favorable settlement for the client.
- Represented a leading publicly traded entertainment company in multiple litigations and arbitrations where defendants infringed our client’s trademarks and copyrights.
Additional matters include:
- Lemon v. Harlem Globetrotters Intern., Inc., Nos. CV 04-0299 PHX DGC, CV 04-1023 PHX DGC, 2006 WL 3524379 (D. Ariz. December 06, 2006).
- Glow Industries, Inc. v. Lopez, 273 F. Supp.2d 1095 (C.D. Cal. 2003).
- GTFM, Inc. v. Wal-Mart Stores, Inc., No. 98 Civ. 7724 (RPP), 2000 WL 335558 (S.D.N.Y. March 30, 2000).
- Tommy Hilfiger U.S.A., Inc. v. Wholesale Club, Inc., 166 F.3d 1201 (2d Cir. 1998).
