Intellectual Property

ampersand symbolIntellectual Property Rights Enforcement

Registering and protecting proprietary information and intellectual property rights is only part of what it takes to protect corporate assets. Businesses must also actively monitor the market for third parties that may be infringing on its intellectual property and enforce its rights against those parties to ensure continued protection. Our lawyers work closely with clients to analyze potential infringement and enforce clients’ rights against third parties.

CASE SUMMARIES

  • Assisted with actions pending before the Trademark Trial and Appeal Board in connection with trademark cancellation and opposition proceedings.
  • Represented individual in an intellectual property dispute concerning the right to publicity and invasion of privacy in connection with impending use of his name and likeness by a major film company.
  • Represented the owner of a well-known online marketplace in a trademark infringement action before the World Intellectual Property Organization against an apparent cyber-squatting company based in China.
  • Represented Singapore-based manufacturer in international dispute seeking injunctive relief and substantial damages in connection with alleged “rip off” of online business, including claims alleging trademark infringement, trademark dilution, false designation of origin, copyright infringement, unfair competition, and breach of fiduciary duty.
  • Filed breach of contract action arising out of reported $2.5 million sale of Curtis Knight and Jimi Hendrix master recordings.
  • Served as outside intellectual property counsel for a well-known online marketplace in connection with various DMCA notification matters; infringement, and intellectual property protection matters; evaluation, organization, and preparation of responses to various state and federal subpoenas; trademark investigations, negotiations, and filings; and revision of terms of service/privacy policy.
  • Successfully resolved multiple breach of confidentiality and license agreement disputes with major media clients of marketing research company.
  • Served as lead counsel in Second Circuit Court of Appeals for food product distributor embroiled in product packaging trade dress dispute, leading to successful resolution.
  • Prosecuted air purification companies’ claims in a licensing and intellectual property dispute seeking $30 million in damages.
  • Appeared as counsel in breach of contract, negligence and punitive damages action arising out of the alleged wrongful transfer of a domain name.
  • Effectively litigated and successfully settled numerous infringement and breach of contract claims on behalf of a website portal company and content provider in federal district court seeking preliminary injunctive relief, and specific performance of an exclusive distribution agreement, pending out-of-state arbitration of the underlying claim.
  • Successfully resolving a $100 million lawsuit against major department store chain on behalf of leading fashion designer’s brand, based on the breach of an alleged exclusive distribution agreement between the parties.
  • Successfully defeated a motion for a temporary restraining order and subsequently resolved dispute on behalf of a Canadian distributor, in a federal lawsuit filed in the U.S. District Court for the District of Nevada, including claims for federal and common law trade dress infringement, federal trade dress dilution, and unjust enrichment.
  • Secured the dismissal of a copyright infringement action on behalf of a well-respected artist in a case in the United States District Court for the Eastern District of New York arising from the plaintiff’s claim that the client’s work was “substantially similar” to her own.
  • Fought for preliminary injunction on behalf of eight successful sound-recording copyright holders in digital streaming and conditional downloading case against online music distributorship alleging irreparable harm and millions of dollars in damages, which was successfully resolved.
  • Represented subscription based website operator in copyright infringement case pending in federal district court involving use of thumbnail images of allegedly protected works.
  • Successfully resolved a copyright infringement claim alleged against a major U.S. publishing company, on behalf a prominent New York based artist concerning featuring the client’s artwork without permission or appropriate attribution.
  • Advised client in wind-down of partnership and equitable distribution of intellectual property assets.
  • Secured settlement for New York based artist against well-known apparel chain in connection with alleged infringement of original artwork.
  • Represented one of Manhattan’s most exclusive residential buildings, listed on the National Register of Historic Places, in connection with protection of their trademark.
  • Successfully navigated trademark infringement and trademark dilution action on behalf of clothing and accessory company against well-known department store chain.
  • Represented an award-winning and bestselling New York based lifestyle designer brand by an acclaimed artist in connection with intellectual property infringement disputes.
  • Represented prominent online real estate resource in copyright and trademark infringement matter in case brought before the United States District Court for the Southern District of New York.

ampersand symbolIntellectual Property Licensing

Our intellectual property lawyers advise clients on various technology transactions. Whether it be patents, copyrights, trademarks or trade secrets, businesses need to properly protect their intellectual property rights in various business dealings. Our lawyers are well-versed in licensing transactions involving various industries and intellectual property.

CASE SUMMARIES

  • Managed negotiation and drafting of lucrative license deals for a leading software company.
  • Drafted licensing representation agreement for broker of patent rights in apparel industry.
  • Advised author concerning copyright permissions and fair use for material to be included in forthcoming publication and assisted with filing of copyright registration for published work.

ampersand symbolTrade Secret Protection

While patents, copyrights and trademarks are commonly used to protect a business’ intellectual property, not all information falls squarely within one of these categories. In certain instances, a business can benefit from taking appropriate steps to keep proprietary information protected as a trade secret, rather than disclosing it as part of a patent or other intellectual property filing. Our lawyers are equipped to advise clients on planning to protect propriety information by various means, including as trade secrets, and taking all steps necessary throughout day-to-day operations to ensure that confidential information stays protected.

CASE SUMMARIES

  • Served as outside intellectual property counsel for a well-known online marketplace in connection with various DMCA notification matters; infringement, and intellectual property protection matters; evaluation, organization, and preparation of responses to various state and federal subpoenas; trademark investigations, negotiations, and filings; and revision of terms of service/privacy policy.
  • Successfully represented a foreign supplier of digital inkjet printing, packaging, and large format imaging services in a complex breach of contract and fraud action in the Northern District of New York, including joinder of an additional party and claims for unfair competition, misappropriation of trade secrets, breach of Non-Disclosure Agreement and attempted monopolization.

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Crosby & Higgins LLP has successfully resolved claims alleging violations of the Americans With Disabilities Act of 1990, New York State Human Rights Law, and New York City Human Rights Law in connection with the website and mobile phone application of its client, a major online resale marketplace for buying and selling luxury and designer […]

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TESTIMONIALS

“Passionate, persistent, professional and persuasive – only a handful of the words that begin to capture and reflect the high-quality advice and tenacious advocacy Todd Higgins and his team bring to every matter they embrace, large or small, complex or straight-forward”

— Shawn K. Singh, JD

Chief Executive Officer and Director, VistaGen Therapeutics, Inc.

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