Professional Experience
Partner
Current
Current
eBay Inc. Tiffany & Co. v. eBay On July 14, 2008, Judge Richard J. Sullivan of the Southern District of New York rejected all of Tiffany's claims against eBay in a suit in which Tiffany had claimed that eBay was responsible for policing counterfeit merchandise offered on its auction site. This ruling is seen as establishing landmark precedent on secondary trademark liability for Internet intermediaries. Especially notable in light of a recent judgment against eBay in France in a similar action brought by the French high-end goods company LVMH, Judge Sullivan's opinion completely vindicates eBay's position, which is that in its role as an e-commerce transaction intermediary, eBay cannot validate the provenance or authenticity of merchandise offered on the site.
Current
Leucadia National Corporation IDT Telecom Inc. v. CVT Prepaid Solutions, Inc. Successfully opposed motion for preliminary injunction against Leucadia in connection with allegations of false advertising with respect to prepaid calling cards.
Current
eBay Inc. eBay Inc.; Robespierre, Inc. v. eBay Inc. et al., 1:05-CV-10484 (S.D.N.Y.) Successfully opposed preliminary injunction motion seeking to enjoin eBay from allowing third parties to sell Nanette Lepore merchandise through its website. more
Current
GlaxoSmithKline Natural Answers Inc. v. GlaxoSmithKline Successfully obtained summary judgment dismissing all claims against GlaxoSmithKline in a case concerning allegations of trademark infringement, false advertising, trade secret and antitrust claims brought by the maker of an herbal product which the plaintiff contended was a smoking cessation product. The plaintiff sought millions of dollars in damages and an injunction to enjoin the sale of GSK’s Commit stop smoking lozenges. The district court granted summary judgment in favor of our client and dismissed all claims against the company. more
Current
Xanodyne Pharmaceuticals, Inc. Acquisition of aaiPharma Inc. Represented Xanodyne Pharmaceuticals, Inc in the acquisition of aaiPharma Inc. more
Current
Radio Music License Committee (RMLC) United States v. American Society of Composers, Authors and Publishers: Application of Hicks Broadcasting of Indiana Inc., et al. Represent the nation’s commercial radio stations in their music license dealings with ASCAP, BMI and SESAC. Have negotiated industry-wide licenses, and counseled and litigated antitrust and rate-making matters on their behalf. more
Current
GlaxoSmithKline Consumer Healthcare LP Pharmacia Corporation, et al., v. GlaxoSmithKline Consumer Healthcare, L.P., et al. Successfully defended GlaxoSmithKline Consumer Healthcare, LP (GSK) against a preliminary injunction motion based on allegations by Pharmacia Corporation that GSK commercials for Nicorette gum and NicoDerm CQ patches were false and violated the Lanham Act. Successfully obtained a motion on GSK's behalf to preliminarily enjoin Pharmacia's "Trying to Quit" commercial for Nicotrol due to violations of Section 43(a) of the Lanham Act.
Current
Tyson Foods, Inc. In re Tyson Foods, Inc. Won a major court victory for Tyson Foods, Inc. over several poultry industry competitors by defeating a request for a temporary restraining order.
Education
Columbia University
J.D.
Harvard University
B.A.
Websites & Blogs
Website
Website
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