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Experience
Intellectual Property Litigation
3Arts, Inc. v. Restoration Hardware Holdings, Inc., et al.
U.S. District Court for the Northern District of Illinois
Represented 3Arts in a trademark infringement action involving Restoration’s Hardware’s use of the 3ARTS mark in connection with its café. Favorable settlement reached.
Ariel Preferred Retail Group LLC, et al. v. CWCapital Asset Management and The Woodmont Company
U.S. District Court for the Eastern District of Missouri
On motions to dismiss and for summary judgment, obtained complete dismissal of nine-count complaint alleging trademark infringement and breach of contract.
Blue Nile Inc. v. Excel Diamonds Inc.
Obtained favorable pre-litigation settlement for Blue Nile in copyright infringement matter related to diamond photographs.
Blue Nile Inc. v. Victoria's Diamonds Ltd.
U.S. District Court for the Western District of Washington
Represented Blue Nile in copyright and trademark infringement and unfair competition lawsuit resulting in a judgment in Blue Nile's favor.
craigslist Inc. v. John Doe d/b/a Cladgenius.com, et al.
U.S. District Court for the Northern District of California
Represented craigslist in copyright infringement and Computer Fraud and Abuse Act lawsuit related to auto posting software for ad placement resulting in $1.8 million judgment in craigslist's favor.
Craigslist Inc. v. Shui Yung Richard Tse, et al.
U.S. District Court for the Northern District of California
Represented craigslist in copyright infringement action related to services that aided and induced bulk posting in violation of craigslist's Terms of Use resulting in $1.6 million judgment in craigslist's favor.
In the Matter of Google Inc.
Federal Trade Commission
Successfully represented Google before the Federal Trade Commission in defense of FTC complaint regarding launch of Buzz social networking application and Gmail user privacy. The resulting consent decree was the first FTC privacy and EU Safe Harbor settlement. Assisted the company in implementation of the privacy program described in the consent decree.
London Computer Sys., Inc. v. Zillow
U.S. District Court for the Southern District of Ohio
After expedited discovery, defeated preliminary injunction motion in trademark infringement action involving RENTAL MANAGER trademark, resulting in settlement and dismissal.
Microsoft Corporation v. Chicago Computer Club Corporation
U.S. District Court for the Northern District of Illinois
Represented Microsoft in copyright and trademark litigation against computer reseller. Favorable settlement was reached and permanent injunction was entered.
Microsoft Corporation v. Ehresman
U.S. District Court for the Central District of Illinois
Represented Microsoft in copyright and trademark litigation against computer reseller. Favorable settlement was reached and permanent injunction was entered.
Microsoft Corporation v. Proton Computers Inc., et al.
U.S. District Court for the Northern District of Illinois
Represented Microsoft in copyright and trademark litigation against computer reseller. Favorable settlement was reached and permanent injunction was entered.
New Balance Athletics, Inc. v. USA New Bunren International Co. Limited LLC
U.S. District Court for the District of Delaware
Represents New Balance in trademark infringement matter relating to use of N and NEW BUNREN trademarks.
Obama for America v. Demstore.com, et al.
U.S. District Court for the District of Columbia
Prevailed in contested preliminary injunction hearing and then secured stipulated permanent injunction in trademark infringement action relating to Obama For America's Rising Sun Trademarks.
Riddell Inc. v. Schutt Sports Inc.
U.S. District Court for the Western District of Wisconsin
Obtained summary judgment in Riddell's favor on $40 million counterclaim for false advertising under The Lanham Act.
Talking Rain Beverage Company, Inc. v. Klarbrunn, Inc.
U.S. District Court for the Northern District of Illinois
Represented Talking Rain in a trademark infringement action involving Klarbrunn’s use of Talking Rain’s ICE and SPARKLING ICE marks in connection with sparkling water products. Favorable settlement was reached and permanent injunction was entered.
Thompson v. Getty Images (US), Inc.
U.S. District Court for the Northern District of Illinois
Represented global imagery provider in class action alleging violations of the Illinois Right of Publicity Act and obtained dismissal with prejudice of the entire case.
TriStrata Technology Inc. v. Jeunique International Inc., et al.
U.S. District Court for the District of Delaware
Represented TriStrata Technology in patent infringement suit related to alpha hydroxy acids resulting in significant royalties paid to TriStrata in settlement.
Commercial Litigation
Subpoena Response and Related Litigation
Represents numerous communications providers (including Google, Facebook, Instagram and Twitter) in responding to subpoenas and related litigation regarding issues related to the federal Stored Communications Act and Wiretap Act, among other communications and privacy-related laws.
Transaction-Related Litigation for Major Hotel Company
Represented various privately held hotel entities in connection with a range of contractual disputes in cases in Illinois, New York and Delaware arising from going-private transaction, including disputes relating to rights of first refusals, management agreements, loans and guarantees. Matters resolved out of court.
