Ms. Rose has extensive experience litigating intellectual property disputes in trial and appellate courts. Her practice focuses on trademark, trade dress, copyright, false advertising, rights of publicity and privacy disputes. Ms. Rose also practices before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office.
Ms. Rose’s practice often involves cutting-edge issues in copyright and trademark law. For example, Capital Records, LLC v. Vimeo, LLC recently established that the Digital Millennium Copyright Act’s “safe harbor” provision shields websites like Vimeo from liability when users post videos that include pre-1972 sounds recordings. Pro-Football, Inc. v. Blackhorse concerned whether the Section 2(a) of the Lanham Act—which prohibits the registration of trademarks that “may disparage”—is unconstitutional. Apple, Inc. v. Samsung Electronics Co., Ltd. involved the proper scope of protection for product configuration trade dress, among many other issues.
- Represented Gucci America against Forever 21 in a trademark infringement action concerning the unauthorized use of Gucci design marks.
- Represented Samsung against Apple in suits involving the alleged infringement of the trade dresses, trademarks and design patents associated with Apple’s smartphones and tablet computers.
- Represented Pro-Football, Inc., the owner of the trademarks for the Washington Redskins, in an ongoing dispute seeking cancellation of the team’s trademark registrations on disparagement grounds.
- Represented a Russian government agency, Federal Treasury Enterprise Sojuzplodoimport (FTE) which is seeking to establish that it is the rightful owner of the world-famous Stolichnaya trademarks.
- Represented IMS Health against its competitor Veeva in an action for trademark infringement arising out of Veeva’s use of the trademark “OpenKey” on the grounds that it was confusingly similar to IMS’s registered trademark “OneKey” used for a competing database products.
- Represented the Dallas Cowboys in a trademark infringement and dilution case it brought against a defendant who tried to claim trademark priority over the Cowboys’ trademark “America’s Team.”
- Represented Payless in appeal to the Ninth Circuit of jury verdict finding that certain of Payless shoe styles infringed adidas’s three-stripe trademark and super-star trade dress.
- Represented the owner of the international restaurant franchise “Buddha Bar” in a trademark infringement action against its New York based licensee.
- Represented American International Group, Inc (“AIG”) in a trademark infringement action concerning ownership of the “Starr” trademarks.
- Represented the National Football League and the Cleveland Browns in a trademark infringement case against an apparel company over use of the “Dawg Pound” brand and logo. Obtained summary judgment on issue of trademark priority.
- Represented ESPN, Inc., and Orley Adelson Productions, Inc., in a reverse confusion trademark infringement action brought by Playmakers LLC, concerning the use of “Playmakers” in the title of a critically acclaimed television series concerning the off-field lives of professional football players.
- Represented video-sharing website Vimeo.com in actions brought by music labels alleging hundreds of claims of copyright infringement of sound recordings and musical compositions based on the use of music in user-generated videos, with Vimeo asserting a safe-harbor defense under the Digital Millennium Copyright Act.
- Represented TVEyes, an online media-monitoring service, in a copyright and “hot news” misappropriation suit brought by Fox News Network.
- Represented Ticketmaster LLC in an action for trademark infringement, copyright infringement, false advertising and violation of plaintiff’s right of publicity brought by the alleged creator of the performing cat circus the “Moscow Cat Theatre.”
- Represented The Upper Deck Company in a copyright and trade dress infringement action brought by its primary competitor The Topps Company alleging unauthorized use of Topps' copyrighted designs and trade dress.
- Fordham University School of Law
- Fordham Law Review
- Fordham Law Review
- Cornell University
Stuyvesant High School
- The State Bar of New York
- United States Supreme Court
- United States Court of Appeals:
- Second Circuit
- Fourth Circuit
- United States District Courts:
- Southern District of New York
- Eastern District of New York
- White & Case LLP:
- Roper Starch Worldwide, Inc.:
- Senior Research Executive