We represent both plaintiffs and defendants in high-profile cases at the cutting edge of trademark-infringement litigation law in a wide variety of trademark-related disputes, including: Trademarks and trade dress (including product color, design, configuration, and packaging) Trademark dilution, tarnishment, and disparagement Internet domain name disputes involving domain “tasting,” “parking,” and “typo- squatting” Enforcement of co-existence and trademark-licensing agreements More than a decade ago, we represented the State of Minnesota and Blue Cross Blue Shield of Minnesota in a groundbreaking lawsuit against the tobacco industry involving claims of false advertising and violation of state consumer-protection statutes. After four years of litigation and four months of trial, the case settled on the eve of jury deliberations. The settlement provides for more than $6.6 billion in payments to the State and Blue Cross, and unprecedented injunctive relief against the tobacco industry. 

Since that time, we have represented both plaintiffs and defendants in a wide variety of direct and class action advertising disputes, including: Comparative advertising claims relating to competing products “Tests-prove” advertising claims regarding product effectiveness Substantiation of advertising claims Advertising claims regarding consumer preference Internet advertising through “sponsored links” Consumer class action claims, including under the federal Lanham Act and state competition laws We represent numerous blue-chip brands, including Best Buy, Louis Vuitton, Moët Hennessy, Great Clips, and Estée Lauder. We also represent other clients across an array of industries, including: Personal Care and Beauty Represented Nilfisk-Advance, Inc. in a successful arbitration before the National Advertising Division of the Council of Better Business Bureaus, the advertising industry's self-regulator forum, on claims that Tennant Company falsely advertised the performance and environmental benefits of its "ec-H2O" technology.

Represented the American Association for Justice ("AAJ") in a trademark dispute arising from corporate rebranding campaign.  Won a summary judgment dismissal of defendants' claim that AAJ had abandoned its trademark rights to the terms ATLA and ASSOCIATION OF TRIAL LAWYERS OF AMERICA when it adopted a new corporate name.  Following this summary judgment victory, the case settled with the defendants agreeing to cease and permanently desist from any further infringement of AAJ's marks; acknowledge AAJ's exclusive trademark rights; and make a substantial monetary payment to AAJ. Best Buy Stores, L.P. v. Ultimate Acquisition Partners, L.P. d/b/a Ultimate Electronics: Represented national retailer Best Buy Stores, L.P., in suit alleging that Colorado-based Ultimate Electronics was engaging in a false and misleading comparative advertising campaign. The case was resolved after Ultimate agreed to terminate its advertising campaign. Louis Vuitton Moet Hennessy v. Phillips Beverage Company:  Trial counsel for defendant in $100 million international arbitration proceeding brought by French multi-national seller of luxury goods arising from alleged breach of trademark license agreement;

obtained a complete defense verdict and an award of fees from unanimous three member panel.honeywell hepaclean compact air purifier hht-011 Great Clips, Inc. v. Hair Cuttery of Greater Boston, L.L.C. and Great Cuts, Inc.: Summary judgment granted to client, Great Clips, Inc., against declaratory judgment defendant Great Cuts which had made claims of trademark infringement following Great Clips' entry into the New England market.  honeywell hepa air cleaner 50200On February 19, 2009, the U.S. District Court of Massachusetts found that a previous settlement agreement barred Great Cuts' claims.  ikea patrull air purifier reviewOn January 5, 2010, the U.S. Court of Appeals affirmed the previous ruling by the District Court confirming Great Clips' right to use its trademarked name throughout the United States, including the New England market.

Berger v. Best Buy Stores, L.P.: Obtained dismissal with prejudice of putative class action arising out of alleged false advertisement of national electronics retailer's mail-in rebate program brought under California's Unfair Competition Law and False Advertising Law (Business and Professions Code Section 17200 and 17500). Perlow v. Honeywell: Represented product manufacturer Honeywell in several putative nationwide class action cases alleging false advertising and related state unfair competition claims brought after entry of Consent Order in Federal Trade Commission (FTC) action. Obtained summary judgment in favor of Honeywell after determination that Consent Order had no binding effect on private party claims at issue and affirmed on appeal. Hutto v. Estée Lauder: Defended Estee Lauder in a putative class action which was dismissed with prejudice prior to class certification. Hy v. Best Buy Stores, L.P.: Represented national retailer in putative class action alleging false advertising in violation of state Unfair Trade Practices Act.

Case dismissed with prejudice following denial of class certification. Northwest Airlines v. NWA Credit Union: Represented trademark holder Northwest Airlines. Case settled on favorable terms just before scheduled trial in United States District Court, District of Minnesota. Soloflex v. Nordictrack: Represented NordicTrack in a significant false advertising, trade dress, trademark, and copyright-infringement case against Soloflex. Sharper Image v. Honeywell: Represented Honeywell in patent-infringement suit brought by Sharper Image against Honeywell. The case was venued in the Northern District of California. It involved air cleaning technology and Honeywell asserted a false advertising counter-claim. Phillips Beverage Company v. Sydney Frank Importing: Represented importer of luxury Belvedere brand vodka against competing importer of Grey Goose vodka in case involving alleged false advertising in connection with national multi-media advertising campaign. Financial and Economic Consultants