Attorney Robert Nathan Potter's Legal Cases

Trademark infringement

Kind, LLC v. Clif Bar & Co., 2014 WL 2619817 (S.D.N.Y. June 12, 2014)

Jun 12, 2014

OUTCOME: Favorable decision

Represented Clif Bar in a trade dress case brought by Kind. Kind filed suit and moved for an expedited preliminary injunction to prevent client Clif Bar from launching its new premium CLIF MOJO healthy ... snack bars in see-through packaging that allegedly infringed Kind’s trade dress. Less than a week after the five-day hearing concluded, Judge Kimba Wood issued a 25-page written opinion denying Kind’s motion in full. The judge found that Kind’s alleged trade dress was not distinctive (and thus not protectable), that there was no likelihood of consumer confusion between the parties’ packaging, and that Kind had not demonstrated irreparable injury or a balance of hardships tipping in its favor.

Intellectual property

Cabell v. Sony Pictures Entertainment, Inc., 10-2690-cv (2d Cir. June 24, 2011), aff'g 95 U.S.P.Q.2d 1089 (S.D.N.Y. 2010)

Jun 24, 2011

OUTCOME: Appellate defense of full summary judgment award

Successfully argued and defended on appeal the full grant of summary judgment to clients Sony Pictures Entertainment Inc., actor/writer Adam Sandler and writer Judd Apatow, et al., in a copyright, tra ... demark and unfair competition suit in federal court in New York. The firm successfully obtained and then defended summary judgment decision protecting clients' copyright and trademark rights, rejecting claims of film and advertising infringements, and lighting the way for the movie You Donâ€™t Mess With The Zohan.

Trademark infringement

Coty Inc., et al. v. C Lenu, Inc., et al., No. 10-21812 (S.D. Fla. filed June 3, 2010)

Jun 03, 2010

OUTCOME: Consent judgment and permanent injunction

Obtained a $500,000 consent judgment and permanent injunction against C Lenu, Inc. and its principals. C Lenu operated a decoding facility that used tools, chemicals and other methods to remove codes a ... nd other quality-control and anti-counterfeiting measures from DAVIDOFF, CALVIN KLEIN and other Coty fragrance products. Under the injunction, C Lenu, as well as its customers and suppliers, are prohibited from trafficking in infringing Coty fragrances of any kind, including decoded Coty fragrances.

Litigation

30th Street Guitars v. Jaco Pastorius Inc., et al.

N/A

OUTCOME: Favorable settlement

Represented the heirs of Jaco Pastorius, the celebrated bass guitarist, in obtaining the return of the well-known "Bass of Doom" bass guitar, twenty years after it was stolen from Jaco Pastorius.

Copyright infringement

Aliza Chava Sieradski p/k/a Aliza Hava v. Musical Media for Education et al.

N/A

OUTCOME: Favorable settlement awarding all relief sought

Served as lead counsel in representing musician Aliza Hava for copyright infringement and related claims against defendant website asserting ownership over Ms. Hava’s copyrighted recordings and composi ... tions. Obtained favorable settlement agreement including declaration of Ms. Hava’s full ownership in relevant songs.

Trademark infringement

GED Testing Service LLC et al. v. Amjad Pervaiz et al.

N/A

OUTCOME: Obtained a $6 million dollar default judgment and permanent injunction against online counterfeiters.

Defendants operated a ring of at least 32 websites, many of which prominently featured counterfeits of the federally registered GED® marks, through which they offered sham diplomas from fictitious high ... schools to consumers throughout the U.S. The defendants’ scam was highly sophisticated and included a bogus Wikipedia entry, promotional YouTube videos, Facebook community pages, and a fraudulent entity that purported to accredit their services. The Court awarded plaintiffs $6 million dollars in damages arising out of defendants’ willful acts of trademark infringement, trademark counterfeiting, and unfair competition and, among other things, ordered that all of the domain names at issue be permanently transferred to plaintiffs, regardless of whether they included the GED® marks. This result was made possible by the extraordinary ex parte injunctive relief plaintiffs’ obtained at the outset, in which the Court allowed plaintiffs to obtain information about defendants’ true identities and to freeze defendants’ financial assets, even prior to serving plaintiffs’ complaint.

Robert Nathan Potter's Legal Cases (6)

Kind, LLC v. Clif Bar & Co., 2014 WL 2619817 (S.D.N.Y. June 12, 2014)

Cabell v. Sony Pictures Entertainment, Inc., 10-2690-cv (2d Cir. June 24, 2011), aff'g 95 U.S.P.Q.2d 1089 (S.D.N.Y. 2010)

Coty Inc., et al. v. C Lenu, Inc., et al., No. 10-21812 (S.D. Fla. filed June 3, 2010)

30th Street Guitars v. Jaco Pastorius Inc., et al.

Aliza Chava Sieradski p/k/a Aliza Hava v. Musical Media for Education et al.

GED Testing Service LLC et al. v. Amjad Pervaiz et al.