Newark, NJ
Litigation Lawyer at Newark, NJ
Practice Areas: Litigation, Intellectual Property ... +3 more
OUTCOME: Successfully moved to have the case, brought by a NJ company against a Virginia PAC and an Alaska citizen, transferred out of NYC -- the location only of the plaintiff's law firm
Copyright and trademark "trolling" claim by newspaper that owns famous 9/11 photograph brought against former governor of Alaska for use of a thumbnail version of the picture on a Facebook post for one ... day
OUTCOME: Following our successful defense of opposer's summary judgment motion, the opposition was withdrawn and the mark was ultimately allowed registration.
Represented applicant in in successful TTAB opposition proceeding concerning the trademark FIGHT LIKE A GIRL.
OUTCOME: The court dismissed the majority of the counterclaims against our client. The case settled.
Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions abou ... t which routine, publicly-available data was reported on the website. The claims sounded in copyright and trademark. Our client filed a declaratory judgment action seeking a determination of non-infringement on various grounds, and the defendants filed mirror-image counterclaims.
OUTCOME: Case was settled
Retained to render opinion testimony regarding whether law firm departed from the standard of care in failing to run full trademark search for name of client's new business in the fashion industry.
OUTCOME: Adversary's motion denied
Motion by adversary to compel interrogatory responses concerning numerous trademark use and priority issues.
OUTCOME: Dismissed pursuant to Fed. R. Civ. P. 12(b)(6)
Order dismissing, for failure to state a claim under Fed. R. Civ. Defamation claim pleaded as a Lanham Act trademark infringement in attempt to circumvent DMCA section 230.
OUTCOME: Successful defense against motion for preliminary injunction
This case, arising under the Lanham Act and the Racketeer Influenced and Corrupt Organizations Act ("RICO"), exemplifies a new species of litigation spawned by the age of the Internet. The plaintiffs i ... n this case are Ascentive, LLC ("Ascentive"), an Internet software company, and Classic Brands, LLC ("Classic") a mattress manufacturer. Ascentive and Classic ("plaintiffs") bring suit against Opinion Corp. and three of its officers: (1) Michael Podolsky ("Podolsky"), Chief Executive Officer ("CEO"); (2) Alex Syrov, President; and (3) Joanna Clark Simpson, Marketing Director (collectively "defendants" or "PissedConsumer"), operators and owners of a consumer review website called www.PissedConsumer.com. Plaintiffs move for a preliminary injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure to disable PissedConsumer webpages containing negative reviews of their products at the following web addresses: Ascentive.PissedConsumer.com, FinallyFast. PissedConsumer.com; Dormia-mattresss.PissedConsumer.com; and Dormia.PissedConsumer..com. Plaintiffs contend that PissedConsumer's use of their registered trademarks in the web addresses of these pages, in the pages' metatags—the computer code associated with the pages— in the text pages themselves, and in connection with advertising for their competitors' products on these pages constitutes trademark infringement, unfair competition, and false designation of origin under 15 U.S.C. §§ 1114(1), 1125(a). They also contend that PissedConsumer's "Reputation Management Services," which, for a fee, allows companies receiving negative consumer reviews to respond to the reviews and, under certain circumstances, alter the format in which the reviews appear, effectively amounts to extortion, bribery and other fraudulent behavior prohibited by RICO. For the following reasons, plaintiffs' motions for a preliminary injunction are hereby DENIED.
OUTCOME: The TRO and injunction were denied and the plaintiff ultimately abandoned his claims.
We represented a company that was sued by the former employee his technology company, who sued him and sought preliminary restraints in connection with his claim that he was promised an equity stake in ... the firm in return for his services.
OUTCOME: Settled.
Dispute between chain of hospices and third-party benefits administrator / professional employer organization.
OUTCOME: Temporary restraining order granted; settled
Trademark infringement and related claims against retailers, distributor and purported scrap dealer. The scrap dealer bought, for less than a penny on the dollar at retail price, a large quantity of ou ... r client's trademark-bearing merchandise which failed the client's quality control inspection. The scrap dealer agreed to separate the packaging from the products and to dispose of the material as waste. Instead it ended up on store shelves in the New York area. The stores and the intermediary distributor refused to cooperate and this action was brought. Co-counsel was William R. Denny, Esq. of Potter Anderson & Corroon in Wilmington.
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