Representative Cases

• Intellectual Property Acquisition & Counseling: Luxury Goods:   Represented various divisions of LVMH in the intellectual property aspects of their acquisitions, including BlissSpa, Fresh, Inc. Benefit Cosmetics, Urban Decay, Donna Karan, Belvedere Vodka and Ole Henriksen; conducting and overseeing the intellectual property-related due diligence activityand negotiating and drafting the intellectual property-related provisions of the transaction documents
• Moët Hennessy USA, Inc. v.  Ace of Spades Holdings, LLC, (S.D.N.Y):  Represented Moët Hennessy USA, Inc. in a false advertising claim, settling on favorable confidential terms
• Louis Vuitton Malletier S.A. v. Hyundai Motor Co.(S.D.N.Y.):   Represented Louis Vuitton in a trademark infringement and dilution action, and obtained summary judgment in Louis Vuitton’s favor on its federal dilution claim
• Fendi Adele S.r.l. v. Walmart Stores, Inc. (S.D.N.Y.):   Represented in a trademark infringement and counterfeiting action, arising out of the defendant retailer’s sale of allegedly counterfeit Fendi handbags, wallets, and other accessories in its warehouse stores, settling on favorable confidential terms
• Louis Vuitton Malletier S.A. v. Dooney & Burke, Inc.(2nd Cir.):  Represented Louis Vuitton Malletier in successful appeal to U.S. Court of Appeals for the Second Circuit, obtaining a reversal of the District Court’s denial of Louis Vuitton Malletier’s motion for preliminary injunction in a trademark infringement action
• Hertzberg Ernst & Sons v. Louis Vuitton Malletier S.A. (N.D. Ill.):  Represented Louis Vuitton in a trademark infringement action, obtaining not only a consent injunction but also the defendant’s agreement to pay the legal fees
• Zodiak Spirits, Inc. v. Moet Hennessy U.S.A. (E.D. Michigan):  Defending Moët Hennessy in a trademark infringement action, settling on favorable confidential terms

• DeBoulle Diamond & Jewelry Inc. v. De Beers Diamond Jewellers, Ltd.(N.D. Tex.): Defending De Beers Diamond Jewellers Ltd. in a trademark infringement action, settling on favorable and confidential terms
• Loufrani v. Walmart Stores, Inc. (N.D. Ill.):  Represented Walmart in the appeal of a decision by the PTO’s Trial Trademark and Appeal Board refusing to cancel Walmart’s trademark and sustaining the opposition to the registration of two allegedly conflicting marks, resolving the appeal on favorable terms
• GoSmile, Inc. v. CVS Caremark Corporation (S.D. Cal.):  Represented GoSmile, Inc. in a trademark and trade dress infringement action; settling the lawsuit on favorable confidential terms
• Cintas Corp. v. America West Airlines, Inc.(N.D. Ill.):  Defended America West Airlines in a case alleging misappropriation of trade, settling on favorable and confidential terms
• AA Capital Inc. v. Orecchio(N.D. Ill.):  Represented the receiver of a failed investment advisor in all litigation to recover assets and insurance proceeds, recovering significant assets, including the proceeds of directors and officers liability policies and the advisor’s fidelity bond
• In re Kmart Corporation:  Global Property Services, Inc. v. Kmart Corporation,(Bankr. N.D. Ill.):  Defended Kmart on a breach of contract claim seeking approximately $20 million, resolving the case favorably with dismissal of the claimant’s damage claim in full
• Smith as Plan Trustee for and on behalf of the Estates of Boston Chicken v. Arthur Andersen LLP; Beck v. Bank of America(D. Ariz.):  Represented Bank of America in third-party actions seeking recovery of more than $1 billion in damages allegedly arising out of national restaurant chain’s insolvency, successfully obtaining dismissal of the third-party complaint against Bank of America