Representative Cases

New Milani Group, Inc. v. J.T. Bella, LLC- served as co-counsel representing defendants in this case in which the plaintiff New Milani alleged trademark infringement of its brand "Milani" for its line of cosmetics sold in 18,000 stores and who filed a motion for a preliminary injunction to prevent defendants from selling a line of hair care products endorsed by Teresa Giudice, star of the Bravo television show "The Real Housewives of New Jersey".  Defendant’s product line was sold under the product name Milania, the name of Teresa Giudice’s daughter, Milania Giudice, a name selected from several options in a fan vote.  The motion was denied by the court holding no likelihood of confusion nor a threat of imminent and irreparable harm and the case was subsequently settled.


Binder & Binder et al v. Disability Group, Inc.- served as team leader of co-counsel  representing plaintiff in this case involving trademark infringement, false advertising and unfair competition as a result of defendants' online Google Adword campaign utilizing plaintiff's trademarks and name as Adwords linked to their websites. The court found the defendants guilty of willful trademark infringement and granted plaintiff enhanced monetary damages of double the plaintiffs' lost profits for a total of $292,235.20 and an award of attorney's fees in the amount of $833,221.72.    


Oy Panda AB v. Natures Path Food, Inc.- Represented the defendant, Natures Path, in an action for trademark infringement in which the plaintiff alleged that the defendants use of PANDA PUFFS for a snack mix and cereal food bar was an infringement of plaintiff's registered mark PANDA for candy.  After initial presentations of the case by both sides before Judge Chin, the suit was withdrawn.


The Chase Manhattan Corp. v. Chase & Associates, Inc.- represented the plaintiff Chase Manhattan Corporation in an opposition proceeding to prevent the defendant from registering the mark Chase and Associates "Your Real Estate Headquarters" and design as a service mark for real estate brokerage services on the basis of plaintiff's prior use and registration of its famous and well-known house mark "Chase" in connection with its various banking related activities and services. The TTAB granted the plaintiff’s petition for cancellation and refused registration of the defendant's mark.    


Blue Ribbon Pet Products, Inc. v. Wal-Mart- co-counsel representing plaintiff in an action for copyright infringement involving aquarium ornaments. The suit was settled on the eve of trial.  


Ingenious Designs Inc. v. Ontel Products and Charles Khubani- co-counsel for plaintiff in a trademark infringement action in which plaintiff accused defendants of trademark and trade dress infringement of plaintiff’s registered Miracle Mop and packaging.  After a jury trial in which the defendants were found liable for infringement, the case was subsequently settled. 


Blue Ribbon Pet Products, Inc. v. Rolf C. Hagan (USA) Corp. Inc.- co-counsel representing plaintiff in an action for copyright infringement involving aquarium ornaments. The court in a bench trial found in favor of the plaintiff for copyright infringement holding the defendant guilty of willful infringement and awarding plaintiff damages and attorney’s fees and costs.    


Ingenious Designs Inc. The Direct Marketing Enterprises LTD- co-counsel for plaintiff in a trademark infringement action in which plaintiff accused defendants of trademark and trade dress infringement of plaintiff’s registered Miracle Mop.  On the eve of trial, the parties settled.


C. H. Stuart Inc. v. S. S. Sarna, Inc.- represented the defendant in opposition proceeding. During the discovery phase of the proceeding, the TTAB granted defendant's motion for a protective order on the basis that the plaintiff's discovery requests consisting of 49 pages and 165 discovery requests, many with subparts, were oppressive and constituted harassment of defendant.  In a now precedent setting decision, the TTAB strongly disapproved of plaintiff's use of voluminous "boiler-plate" form-book discovery requests. The opposition proceeding was subsequently withdrawn and registration was granted to defendant.