We have represented some of the world’s best known trademark owners in false advertising, unfair competition, trademark and trade dress disputes. These include marks such as: Academy Awards, Benchmark Capital, Pennzoil, Green Bay Packers, Wal-Mart, UGG Boots, Indianapolis Colts, Cleveland Browns, Converse, ESPN, and Casino de Monte Carlo. Our expertise covers the range of false advertising and unfair competition claims under both federal and state laws. Often this requires the preparation of injunction motions literally overnight. We have extraordinary experience at trial in dealing with the impact on consumers of both brands and advertisements and work with an array of the top consumer marketing experts and psychologists to interpret the message conveyed either by a brand or an advertisement.
Apple v. Samsung (Fed. Cir. 2015). We represented Samsung in its high-profile litigation brought by Apple that, among other claims, alleged infringement and dilution of Apple's alleged trademark and trade dress rights in its iPhone and iPad products. After discovery, Apple abandoned all of its iPhone infringement claims, but continued to pursue its iPhone trade dress dilution claims and iPad trade dress infringement and dilution claims. At trial, we obtained a defense verdict in Samsung's favor on Apple's iPad trade dress claims. On appeal, in a landmark Federal Circuit decision, we invalidated Apple's iPhone trade dresses, both registered and unregistered, in their entirety on functionality grounds. 786 F.3d 983 (Fed. Cir. 2015).
American Airlines, Inc. v. Despegar.com USA, Inc., et al. (S.D. Fla. 2016). We represented Despegar.com in a false advertising lawsuit brought by American Airlines. Just before initiating suit, American withdrew its tickets from all of Despegar’s websites throughout the world. In addition to mounting a vigorous defense against American’s claims, we brought an antitrust counterclaim on behalf of Despegar’s U.S.-based subsidiary relating to American’s anticompetitive air fare distribution scheme. On the eve of depositions we obtained a favorable settlement agreement which paved the way for Despegar to resume selling American tickets.
In addition to litigation before federal courts, we also have represented clients in other adversarial contexts. Recent examples include the following: