Advertising

Won dismissal of class action under California Invasion of Privacy Act challenging Fidelity Management’s use of voice verification technology to protect customers against potential fraud, and convincing plaintiffs’ counsel to drop virtually identical cases challenging technology used by TransUnion, Vanguard and T. Rowe Price.

Achieved a trial victory for GT’s Living Foods against Lanham Act, false advertising, unfair competition, and related claims relating to the labelling, marketing, and sale of its kombucha products.  GT’s is the national leader in the kombucha market. Following a bench trial, the Court found that plaintiff Tortilla Factory failed to meet its burden of proving that it suffered competitive harm, loss, or deprivation of money or property that was caused by GT’s alleged false advertising, resulting in a clean-sweep victory for our client.

Won dismissal of a purported class action lawsuit alleging that the company unlawfully and misleadingly labeled its lactose intolerance supplements, a decision the First Circuit affirmed in September 2023.

Reached a favorable settlement in a putative class action arising from labeling claims regarding its over-the-counter pain reliever.

Successfully defended against a dispute alleging false and misleading business practices in the marketing and sale of its acne treatment product.

Defended Novartis in an NAD action brought by competitor Eli Lilly challenging survivor outcome claims made by Novartis in its advertising of breast cancer drug Kisqali.

We defeated a motion for preliminary injunction on behalf of Oasis West Realty, Inc., the developer of the Beverly Hills Waldorf Hotel, and its CEO, Beny Alagem, in a trade secrets case involving players in the Beverly Hills luxury hotel space.

Defended and prosecuted copyright and trademark/trade dress infringement claims in multiple matters. Obtained a complete defense verdict at trial against rival footwear maker Easy Spirit over its claims that Skechers’ “Commute Time” shoe intentionally copied the design and infringed the trademarked name of Easy Spirit’s “Traveltime” shoe.

Defended in litigation brought by the Federal Trade Commission, Attorneys General for 44 states and the District of Columbia, and private class-action plaintiffs concerning the marketing of Skechers’ “Shape-ups” rocker-bottom toning shoes, ultimately resolving the claims of all participants in a single global settlement.

Won dismissal of a class action alleging that Taco Bell overcharged customers for their Chalupa Cravings Boxes, which were advertised on television for $5 but cost $5.99 in some stores. We persuaded the court that the ad's price disclaimer, despite being in a smaller font, was “nevertheless clear and conspicuous.”

Won UDRP proceeding securing transfer of the Uniswap.com domain for the founder of the Uniswap protocol.  In a novel case involving ownership of trademarks in the blockchain and DeFi space, the panel held that Uniswap had established trademark rights in the Uniswap trademarks, that the respondent’s registration and use of the Uniswap.com domain was confusingly similar to Uniswap’s trademark, and that the respondent’s registration and use of the domain was in bad faith.