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- Copyright and Trademark Litigation
"The team has been impressive," "They have done a really
good job staying abreast of deadlines and working
through challenging positions."
Chambers 2020, Intellectual Property, USA Nationwide
Our global copyright and trademark litigation practice has secured substantial victories in multiple bet-the-company litigation matters of national interest. We have represented plaintiffs and defendants in high stakes litigation for clients across a diverse range of businesses and industries.
Copyright Litigation
Over the past two decades, Covington lawyers have brought or supervised hundreds of civil and criminal copyright-related actions against thousands of infringers throughout the United States and in over 60 countries. These actions range from traditional litigation over substantially similar and counterfeit works to actions against Internet, satellite and broadcast pirates. We have litigated copyright infringement cases in US district and appellate courts and have drafted and submitted amicus briefs on important copyright issues.
Covington has also conceived and implemented copyright-based enforcement campaigns against distributors of gray market products and packaging. We generally deploy small teams of lawyers, utilizing the firm's expertise in copyright law along with its reservoir of knowledge in substantive areas such as new technology, software, sports, media and communications, and luxury goods.
As part of these various efforts, Covington has built and trained a far-reaching network of local counsel and investigators, and has also developed important relationships with public authorities worldwide, including government officials, police, prosecutors, and customs authorities with responsibility for copyright enforcement.
Trademark Litigation
Covington has litigated trademark infringement, trademark dilution, counterfeiting, cyberpiracy, unfair competition, gray market, and rights of publicity cases in courts throughout the United States on behalf of numerous clients, including American Automobile Association (AAA), American Express, Armani, Atari, Bacardi, Cartier, Coty, MasterCard, Microsoft, Montblanc, National Basketball Association (NBA) and its member teams, National Geographic Society (NGS), Public Broadcasting Service (PBS), SPI Group, Sun Life of Canada and Yahoo!.
We also have recovered hundreds of domain names registered by cybersquatters, utilizing enforcement programs featuring court actions, including in rem actions, under the Anticybersquatting Consumer Protection Act, as well as UDRP proceedings under the arbitration rules adopted by ICANN. We have litigated numerous opposition and cancellation proceedings before the United States Trademark Trial and Appeal Board. In addition to many important litigation victories, we have achieved significant favorable outcomes for our clients through mediation, arbitration, and negotiated settlements.
Landmark Trademark Infringement Ruling for John Deere
Represented John Deere in a trademark infringement lawsuit against FIMCO, Inc. for dilution and false designation concerning Deere's iconic green and yellow colors on its towed agricultural equipment. After a one week bench trial, the Judge ruled in favor of Deere on every claim and issued a permanent injunction, prohibiting FIMCO from selling green and yellow agricultural equipment.
Secured Favorable Trademark Ruling for Stolichnaya Brand
Representing SPI Group in a trademark dispute with a designee of the Russian Federation concerning rights to sell Stolichnaya vodka in the United States.
$3.6 Million Jury Verdict in Favor of World Marketing, Inc. in Trademark Dispute
Won a $3.6 million jury verdict in California federal court after a jury found that apparel giant Quiksilver, Inc. willfully infringed World Marketing, Inc.’s longstanding federally registered “VISITOR” brand. Following a six-day jury trial, the eight-member jury unanimously found that Quiksilver willfully infringed World Marketing’s brand after launching its clothing and apparel brand VSTR, which it pronounced “visitor.” World Marketing, a family-owned company based in New York, has been selling clothing and apparel under its registered VISITOR trademark for more than 20 years, including at stores like Saks Fifth Avenue, Macy’s, and Men’s Wearhouse.
Victory for BMS and Eli Lilly in Copyright Infringement Matter
Secured a sweeping victory for our clients BMS and Eli Lilly. In 2006, BMS/Lilly hired Consumer Health Information Corporation (“CHIC”) to develop patient education materials for their injectable diabetes drug BYETTA. The contract expressly designated these as works made for hire and assigned CHIC’s interest in these materials to BMS/Lilly. BMS/Lilly later terminated CHIC, and CHIC sued for copyright infringement in D.C. district court in 2008, but voluntarily dismissed the action in 2009. Last July, CHIC sued again in the Southern District of Indiana. In an attempt to avoid the contractual ownership provisions, CHIC alleged “economic duress” and sought rescission. CHIC's infringement claim sought to recover our clients' profits, allegedly “in excess of several billions of dollars.” Judge Pratt dismissed the complaint with prejudice, ruling that two separate statutes of limitation barred CHIC’s infringement claim. First, the Court held that the claim was barred by the Copyright Act’s three-year statute of limitations. The Court accepted Covington’s argument that, because the case turned on ownership, not use, the continuing violation doctrine did not apply. The Court pointedly noted the inequity of allowing CHIC to wait while BMS/Lilly developed a market only to “pounce on the prize” years later. Separately, the Court held that the ownership provisions expressly assigned ownership to BMS/Lilly, and that CHIC’s attempted rescission was barred by California’s four-year statute of limitations. The Court also rejected CHIC’s outrageous attempt to invoke equitable tolling by arguing that its own (former) attorneys had dismissed its 2008 action without its consent and subsequently concealed the dismissal from CHIC.
Samsung Against CCP Systems in Copyright and Patent Infringement Suit
Representation of Samsung Electronics Co. Ltd., Samsung Electronics America, Inc., and Samsung Networks, Inc. against claims brought by CCP Systems alleging copyright and patent infringement filed in the District of New Jersey.
AAA in Federal and State Court Actions and Arbitration Proceedings
Representation of The American Automobile Association, Inc. (AAA) in numerous federal and state court actions and arbitration proceedings against third party infringers of AAA’s famous marks.
Kentucky Fried Chicken (KFC) against False Advertising Claims
Representation of Kentucky Fried Chicken (KFC) against false advertising claims based on a KFC promotion that were asserted as a class action in the Western District of Virginia.
Plaintiff in Successful Rehearing in Toney v. L'Oreal USA, Inc.
Represented plaintiff in successful rehearing in Toney v. L'Oreal USA, Inc., 406 F.3d 905 (7th Cir. 2005), concerning Copyright Act preemption of state rights of publicity.
Adams Laboratories in False Advertising Matter
Representation of Adams Laboratories in a false advertising action challenging pharmaceutical advertisements by Carolina Pharmaceuticals in the Southern District of New York.
American Institute of Physics and American Physical Society against False Advertising Claims
Representation of American Institute of Physics and the American Physical Society against false advertising claims based on their comparative surveys of scientific journals that were tried in the Southern District of New York.
AMEX in U.S. District Court for the Northern District of California
Representation of American Express in the United States District Court for the Northern District of California against claims by Visa that Advanta, in conjunction with American Express, used Visa marks beyond the scope of a trademark license and contrary to the Lanham Act.
API against False Advertising Claims
Representation of American Petroleum Institute against false advertising claims based on its protocol for certification of branded motor oils that were tried in a preliminary injunction proceeding in the Southern District of New York.
Armani in Trademark Litigation in U.S. District Court for the Eastern District of Virginia
Representation of Armani in trademark litigation in the United States District Court for the Eastern District of Virginia to recover the ARMANI.COM domain name from a man whose initials and last name are A.R. Mani.
ASM Modular in False Advertising Litigation against Competitor
Representation of ASM Modular in false advertising litigation against a competitor in the modular flooring business in the District of Maryland.
AT&T against Claims of Misleading Advertisements
Representation of AT&T in a trial in the District of Maryland concerning claims by a competitor that AT&T’s advertisements for telephone calling cards were misleading.
Atari Games in Litigation in U.S. District Court for the Northern District of California
Representation of Atari Games in litigation involving home video game trademarks in the United States District Court for the Northern District of California.
Bacardi in Defense of False Advertising Lawsuit Concerning HAVANA CLUB Rum
Representation of Bacardi in its defense of a false advertising lawsuit concerning HAVANA CLUB rum in the District Court of Delaware.
Bradley Pharmaceuticals in Trademark Litigation
Representation of Bradley Pharmaceuticals in trademark litigation, including a preliminary injunction hearing, involving the KERALAC mark in the United States District Court for the Eastern District of Pennsylvania.
BSA and Other Software Publishers in Preparation of Amicus Briefs
Representation of Business Software Alliance and software publishers in preparation of amicus briefs filed in appellate and Supreme Court cases involving seminal copyright issues, including the Napster, AOL and Grokster cases.
Cartier in In Rem Action in U.S. District Court for the Eastern District of Virginia
Representation of Cartier in an in rem action in the United States District Court for the Eastern District of Virginia to recover more than 100 infringing CARTIER domain names.
Chloé in Trademark Litigation in the U.S. District Court for the Middle District of Florida
Representation of Chloé in trademark litigation in the United States District Court for the Middle District of Florida concerning defendant’s use of the CHLOÉ mark for women’s clothing offered for sale on its website and for a women’s clothing store.
Corbis Corporation in Numerous Copyright Enforcement Actions
Representation of Corbis Corporation in numerous copyright enforcement actions to enforce rights in images licensed by Corbis.
Defeated Claims for Museum of Fine Arts, Boston
On behalf of the Museum of Fine Arts, Boston, defeated claims by parties seeking to attach Persian antiquities in efforts to enforce a judgment against Iran, Rubin v. Museum of Fine Arts, Boston (1st Cir. 2013), and claim to Austrian expressionist painting, Museum of Fine Arts, Boston v. Seger-Thomschitz (1st Cir. 2010).
Defeated Defamation Claims at Pleading Stage in Troy Group, Inc. v. Tilson
Defeated defamation claims at pleading stage under California Anti-SLAPP statute. Troy Group, Inc. v. Tilson, 364 F. Supp. 2d 1149 (C.D. Cal. 2005).
Domain name recovery
Advised Cartier in an in rem action in the United States District Court for the Eastern District of Virginia to recover more than 100 infringing CARTIER domain names.
Hair Brush Company in Obtaining Preliminary Injunction Against Rival
Represented hair brush company in obtaining preliminary injunction against rival based on trade dress and design patent.
InterMune against False Advertising Claim
Representation of InterMune against a false advertising claim brought under Section 17200 of the California Business & Professions Code in the Northern District of California.
International Dairy Foods Association against Class Action
Representation of International Dairy Foods Association against a class action in Virginia state court alleging deceptive marketing of the potential weight-loss benefits of consuming milk.
ROCKWOOL Group Trademark Infringement Litigation
Representation of Danish company ROCKWOOL Group in trademark infringement litigation in China involving its claim to the “ROCKWOOL” trademark and trade name.
MasterCard in Trademark Litigation in the U.S. District Court for the District of Utah
Representation of MasterCard in trademark litigation in the United States District Court for the District of Utah against a bank that was using a MASTER CARD mark for various banking services offered to account holders.
McGraw-Hill and Other Major Textbook Publishers in Gray Goods Trademark and Copyright Litigation
Representation of McGraw-Hill and other major textbook publishers in gray goods trademark and copyright litigation in the United States District Court for the Eastern District of New York to prevent the illegal importation and sale over the Internet of textbooks published abroad and not intended for sale in the United States.
Merck, Verizon, Spirits International, National Geographic, PBS, and Others before the United States Trademark Trial and Appeal Board
Representation of numerous clients, including Merck, Verizon, Spirits International, National Geographic Society, Public Broadcasting Services, M Financial, Promontory Financial Group, U.S. Soccer Federation, Lewis Brothers Bakeries and Rosie O’Donnell in opposition and cancellation proceedings before the United States Trademark Trial and Appeal Board.
Microsoft as Defendant in Trademark Infringement Suit Concerning Keyword Advertising Practices
Representation of Microsoft as a defendant in trademark infringement suits challenging keyword advertising practices and alleging reverse confusion.
Microsoft in Defeating Copyright Infringement Claims Concerning Bing
Representation of Microsoft in defeating copyright infringement claims concerning Bing search engine at pleading stage. Blues Destiny v. Microsoft Corp. (N.D. Fla. 2010).
Microsoft, Verizon, AAA, and Others in UDRP Domain Name Proceedings
Representation of numerous clients, including Microsoft, Verizon, New Skies Satellites, LIN Television, American Automobile Association and Ourisman Dodge in UDRP domain name proceedings.
Montblanc and Coty in Trademark Infringement Suit
Representation of luxury goods makers Montblanc and Coty in trademark infringement litigation in federal district and appellate courts resulting in injunctive relief against unauthorized sellers of imported gray market goods.
National Geographic Society in Two Trademark Matters
Representation of National Geographic Society in the United States District Court for the District of Massachusetts against claims of infringement of an alleged family of ZONE marks asserted by the author of a series of ZONE books on health and nutrition; and in an opposition proceeding before the U.S. Trademark Trial and Appeal Board, claiming that applicant's EXPLORE CHANNEL mark is likely to cause confusion with National Geographic's EXPLORER marks.
NBA Properties and NBA Member Teams in Trademark Litigation Concerning the DREAM TEAM Mark
Representation of NBA Properties and the NBA member teams in trademark litigation concerning the DREAM TEAM mark in the United States District Court for the Eastern District of Missouri, and also in anti-counterfeiting litigation concerning other NBA marks brought in the United States District Court for the District of Columbia against purveyors of counterfeit NBA merchandise in connection with an NBA All-Star game.
NFL in Antitrust Challenge to Trademark Licensing Arrangements
Defending NFL in class action and direct antitrust challenges to its trademark licensing arrangements (American Needle v. NFL and Dang v. NFL).
NFL in copyright infringement action
Represented the National Football League in a copyright infringement action against a satellite carrier, successfully obtaining statutory damages and a permanent injunction prohibiting satellite retransmission of game telecasts originating in the United States to locations outside the United States.
NFL in Multiple Federal Court Cases
Representation of the National Football League in multiple federal court cases to enjoin the unauthorized retransmission and public performance of NFL game telecasts across U.S. borders via satellite and the Internet and within U.S. borders where games are locally blacked-out, or otherwise unauthorized.
Obtained Dismissal with Prejudice of Two Cases Against Pharmaceutical Companies
Obtained dismissal with prejudice of two cases against pharmaceutical companies alleging false advertising, unfair competition, and fraud claims. Jarrett v. InterMune (9th Cir. 2011); Ostergard v. Adams Respiratory Therapeutics, Inc. (C.D. Cal. 2008).
Out Rage, LLC in Trademark Infringement Case
Representation of Out RAGE, LLC in a trademark infringement action against Barnett Outdoors, LLC in U.S. District Court in the Northern District of Georgia in connection with Barnett’s use of the RAGE trademark for a crossbow.
Parfums Givenchy in Federal Court Litigation
Representation of Parfums Givenchy in federal court litigation to enjoin over 40 wholesalers and retailers from distributing gray market perfume products bearing copyrighted designs not authorized for importation into the United States.
PBS in False Advertising Claims Matters
Representation of Public Broadcasting Service (PBS) in a trial of false advertising claims brought by PBS challenging a video marketer’s use of the phrase “public television presents” in the Eastern District of Virginia.
PBS in Multiparty Litigation before Copyright Royalty Board
Representation of Public Broadcasting Service in multi-party litigation before the Copyright Royalty Board seeking to recover public television's share of more than $750 million in royalties paid by cable operators for the distant retransmission of broadcast programming.
PBS in Two Trademark-Related Matters
Representation of Public Broadcasting Services (PBS) in trademark litigation to recover the PBS.COM domain name in the United States District Court for the Eastern District of Virginia; and in an opposition proceeding before the U.S. Trademark Trial and Appeal Board, claiming that applicant's mark BE MORE RESPONSIBLE is likely to cause confusion with PBS's BE MORE mark.
Resolution of copyright infringement matter for international video game publisher
Represented international video game publisher in copyright infringement claims by major record labels and publishing companies regarding licensing of sound recordings and compositions. Successfully resolved all claims without litigation.
Ringling Bros. in Petition for Certiorari to the United States Supreme Court
Representation of Ringling Bros. in a petition for certiorari to the United States Supreme Court in an important trademark dilution case involving the mark THE GREATEST SNOW ON EARTH.
Rosie O'Donnell in Action in U.S. District Court for the District of Oregon
Representation of Rosie O’Donnell in an action in the United States District Court for the District of Oregon asserting trademark and right of publicity claims based on the ROSIE name and logo against a radio station using ROSIE as the station name and a very similar logo.
Samsung in Defeating Right of Publicity Action
Represented Samsung in defeating right of publicity action brought by Olympic athletes.
Samsung in Defending Copyright and Patent Claims
Representing Samsung in defending copyright and patent claims concerning printer software.
Sanofi Aventis in Trademark Infringement and False Advertising Suit
Representation of sanofi aventis in a trademark infringement and false advertising suit involving its FERRLECIT product and Watson Pharmaceutical’s use and advertising of NULECIT.
Success in federal copyright infringement lawsuit
Successfully defended 20th Century Fox Film Corporation and Chernin Entertainment in a federal copyright infringement lawsuit filed in the Central District of California. After extensive litigation, the case settled, with a complete walkaway and limit on future suits.
Aristocrat Technologies Patent and Trademark Litigation
Representation of Aristocrat Technologies Inc. in patent and trademark litigation brought by Bally Technologies relating to gaming devices; and patent infringement litigation brought by IGT in a case involving 32 patents directed at various aspects of gaming devices, in addition to other significant patent litigation.
Video Gaming Technologies Trademark and Trade Secret Litigation
Representation of Video Gaming Technologies in trademark and trade secret litigation adverse to Castle Hill Gaming relating to Class II gaming terminals.
Trademark Litigation
Represented Chloé in trademark litigation in the United States District Court for the Middle District of Florida concerning defendant’s use of the CHLOÉ mark for women’s clothing offered for sale on its website and for a women’s clothing store.
Washington National Cathedral in Copyright Matter in the U.S. District Court for the Eastern District of Virginia
Representation of Washington National Cathedral in a copyright action in the United States District Court for the Eastern District of Virginia to enjoin a major movie studio from its unauthorized use of a Cathedral sculpture in a popular feature film.
Wells Fargo Bank in Numerous Consumer Class Actions
Representation of Wells Fargo Bank in numerous consumer class actions brought in state and federal courts in California invoking the state’s false advertising statutes with respect to the bank’s sales of products and services.
Yahoo! in Trademark Infringement Suit in U.S. District Court for the Central District of California
Representation of Yahoo! in a trademark infringement suit in the United States District Court for the Central District of California in which Yahoo! was accused of infringing the mark “Street Buzz” by using the term on its website in connection with web-based video segments.
May 4, 2020, Covington Alert
As we continue to socially distance ourselves in light of the COVID-19 pandemic, we’re sharing copyrighted works in new ways and with increasing frequency. And while copyright probably isn’t the first thing on people’s minds as we navigate this “new normal,” these rapid changes in how we interact can raise a number of concerns about how copyrighted materials are ...
April 24, 2020, Law360
Ronald Dove spoke with Law360 about the potential increase in trademark litigation cases following a U.S. Supreme Court ruling. Mr. Dove says, “An accidental infringement by a small mom-and-pop business is not likely to lead to an award of profits and financial ruin. But a willful or reckless disregard of preexisting trademark rights will now more readily be ...
April 13, 2020, Managing IP
In Managing IP, Gary Rubman offered litigation tips and advice to lawyers tasked with educating judges in patent cases in less patent-popular courts. Mr. Rubman says lawyers might have to take more time to go over certain technical issues with less experienced judges. He adds, “Sometimes you have to more fully explain concepts that might be better understood by ...
March 25, 2020
SAN FRANCISCO—The Daily Journal has named Covington partners Kurt Calia and Clara Shin to its 2020 list of the “Top Intellectual Property Lawyers” in California. Mr. Calia is a partner in our Palo Alto office who tries complex civil litigation and intellectual property matters in courts and tribunals throughout the country, and counsels clients in intellectual ...
March 25, 2020, Covington Alert
Piracy has long been a problem in America, although modern day pirates of intellectual property bear little resemblance to their old-school counterparts sailing along the Caribbean and the American coast. Yet in a ruling on Monday, March 23, the Supreme Court tied together the legacies of those two very different types of pirates: modern-day state governments ...
March 6, 2020, Covington Alert
Below are the selections of Covington’s Copyright Practice Group for the “Top Ten” most significant and interesting developments in U.S. and European copyright law during 2019. Copyrights registered when application granted, not when submitted “Full costs” in Copyright Act limited to costs specified in statute First Amendment challenge to DMCA ...
March 6, 2020, Covington Alert
Below are the selections of Covington’s Trademark Practice Group for the “Top Ten” most significant and interesting developments in U.S. trademark law during 2019. Supreme Court invalidates bar on registering “immoral” or “scandalous” trademarks Bankruptcy debtors cannot prevent valid licensees from using their trademarks, Supreme Court holds PTO ...
January 31, 2020
LOS ANGELES—The Los Angeles Business Journal recognized Neema Sahni in its 2020 list of the most influential minority lawyers in Los Angeles. The list recognizes lawyers who are particularly impactful, maintain the highest professional and ethical standards, and contribute to the Los Angeles business and legal community. In Ms. Sahni's profile, the Business ...
Dropbox Defeats LA Software Co.'s 'SmartSync' TM Suit
October 29, 2019, Law360
Law360 covered Covington’s representation of Dropbox in a trademark case before the U.S. District Court for the Central District of California. Clara Shin, Jeffrey Davidson, Laura Brookover, Rebecca Jacobs, Matthew Verdin, Isaac Chaput and Diane Ramirez provided counsel to Dropbox.
May 8, 2019
LOS ANGELES—The Daily Journal has named Robyn Polashuk, Clara Shin, and Sonya Winner to its 2019 “Top Women Lawyers,” recognizing the “top women lawyers in California.” Ms. Polashuk co-chairs the firm's Communications and Media Industry Group and serves as managing partner of the firm’s Los Angeles office. Her practice focuses on the licensing and distribution ...
Senior Commercial Litigator Joins Covington
April 4, 2019
NEW YORK—Teena Sankoorikal has joined Covington as a partner in the Commercial Litigation Practice in New York. Ms. Sankoorikal is a commercial litigator who has handled many high-profile, complex civil cases in the areas of patent, trade secret, copyright, and other intellectual property disputes, business torts, antitrust, breach of contract, and fraud. Over ...
March 7, 2019
LOS ANGELES—Ryan Weinstein has joined Covington in the firm’s Commercial Litigation practice in Los Angeles. Mr. Weinstein most recently served as an Assistant United States Attorney in the Central District of California. At the U.S. Attorney’s Office, Mr. Weinstein prosecuted and tried dozens of criminal cases, briefed and argued numerous appeals before the ...
March 1, 2019, Covington Alert
Selections of Covington’s Intellectual Property Rights Practice Group for the “Top Ten” most significant and interesting developments in U.S. and European copyright law during 2018.
Significant Developments in U.S. Trademark, False Advertising, and Right of Publicity Law 2018
March 1, 2019, Covington Alert
Selections of Covington’s Intellectual Property Rights Group for the “Top Ten” most significant and interesting developments in U.S. trademark, false advertising, and right of publicity law during 2018.
Spring 2019, The NYU Journal of Intellectual Property and Entertainment Law
October 8, 2018
BEIJING—China Law & Practice has named Covington “Intellectual Property Firm of the Year” and Covington partner Ruixue Ran as “Intellectual Property Lawyer of the Year.” The awards highlight innovation and excellence in the China legal market and honor top law firms, lawyers, and legal departments. Ms. Ran is one of the few China-based lawyers who focus on ...
Mitch Kamin Named Among Top 100 Lawyers in California
September 28, 2018
LOS ANGELES—The Daily Journal has named Covington partner Mitch Kamin among its “Top 100 Lawyers” in California. The Top 100 are selected for making a significant impact on their practice area, the legal industry or the larger society. Mr. Kamin is the co-chair of Covington’s Commercial Litigation Practice and represents global media, entertainment and other ...
What You Need To Know About Patent Litigation In Germany
July 27, 2018, Law360
Michael Plimack is quoted in Law360 regarding the importance of Germany as a global patent litigation venue. Mr. Plimack says, “Any company that is really thinking about one of these large-scale patent wars will have to look very carefully at Germany.” Because Germany does not allow for the same scope of pretrial discovery as the United States, Mr. Plimack adds, ...
Patent Owners Taking Global View In Enforcement Efforts
July 18, 2018, Law360
Michael Plimack is quoted in Law360 regarding companies in high-stakes patent disputes adopting global enforcement strategies. Mr. Plimack provided insight into why many patent disputes are litigated in German courts. He says, “Because Germany is such a large economy in the world and in Europe, it's not uncommon for battles over things like smartphones, for ...
Michael Plimack Named One of California's Top IP Lawyers
April 20, 2018
SAN FRANCISCO—The Daily Journal has named Covington partner Michael Plimack to its 2018 list of the “Top Intellectual Property Lawyers” in California. Mr. Plimack, co-chair of Covington’s Patent Litigation Practice Group, represents leading technology companies that are faced with complex patent infringement cases. In its profile, the Daily Journal highlighted ...
Top IP Lawyers: Michael Plimack
April 18, 2018, Daily Journal
Michael Plimack was named to the Daily Journal's "Top Intellectual Property Lawyers" in California list. Commenting on recent changes in patent litigation, Plimack says, "Large-scale patent litigation these days is an international affair that requires experience in all the key jurisdictions, which I believe will increasingly include China over time."
Significant Developments in U.S. Trademark, False Advertising, and Right of Publicity Law 2017
March 1, 2018, Covington Alert
Selections of Covington’s Intellectual Property Rights Group for the “Top Ten” most significant and interesting developments in U.S. trademark, false advertising, and right of publicity law during 2017.
March 1, 2018, Covington Alert
Selections of Covington’s Intellectual Property Rights Practice Group for the “Top Ten” most significant and interesting developments in U.S. and European copyright law during 2017.
October 23, 2017
SAN FRANCISCO—Following a weeklong bench trial, the U.S. District Court for the Western District of Kentucky ruled in favor of Covington client Deere & Company in a trademark lawsuit involving the company’s iconic green and yellow colors. Since the early 20th century, Deere's agricultural equipment has almost all been painted in Deere's distinctive and ...
John Deere Wins TM Suit Against Green And Yellow Rival
October 17, 2017, Law360
Law360 highlights Covington's successful representation of John Deere in a trademark lawsuit involving the company's green-and-yellow color scheme. "Color trademarks are uncommon, and we are not aware of any color trademark case going through trial before this one," says Simon Frankel. "But John Deere has one of the strongest and most widely recognized color ...
September 19, 2017
SAN FRANCISCO—The Recorder recognized Covington partner Clara Shin as a “Game Changer” for her successful representation of McKesson Corporation in a half-billion-dollar trade secrets case. Awarded in conjunction with the publication’s California Litigation Department of the Year awards, the recognition highlights individual litigators “who won big where others ...
Mitch Kamin Among LA’s "Most Influential IP Attorneys"
August 15, 2017
LOS ANGELES—The Los Angeles Business Journal has named Covington partner Mitch Kamin one of the “Most Influential IP Attorneys” in Los Angeles. The Los Angeles Business Journal highlighted Mr. Kamin’s representation of entertainment industry leaders such as 21st Century Fox and Sony Music Entertainment in complex, high profile intellectual property disputes, ...
June 20, 2017, Covington Alert
In a case that has drawn significant media attention for its potential effect on the Washington Redskins organization, the U.S. Supreme Court held on Monday, June 19, that the United States Patent and Trademark Office (“PTO”) cannot deny a trademark registration on the basis that the proposed mark may “disparage” “persons, living or dead, institutions, beliefs, ...
June 16, 2017
LONDON—Euromoney Legal Media Group has selected three Covington lawyers for its annual “Europe Women in Business Law Awards.” The awards honor women in the legal sector across Europe. The Covington lawyers recognized are: Louise Nash, Best in Mergers & Acquisitions. Ms. Nash focuses on M&A and other transactional matters for clients in the consumer brands, ...
June 12, 2017
LOS ANGELES—Covington partners Robyn Polashuk, Clara Shin, and Sonya Winner have been named to the Daily Journal’s 2017 “Top 100 Women Lawyers” list, which recognizes the leading women lawyers in California who “try complex commercial disputes and put together industry-transforming deals.” Managing partner of the firm’s Los Angeles office, Ms. Polashuk focuses ...
April 20, 2017, Law360
Earlier this month, in Maloney v. T3Media Inc.,[1] the Ninth Circuit held that former college athletes could not assert a right of publicity to prevent the NCAA and its licensee, T3Media, from distributing images of the players. The court ruled that the players’ right of publicity was preempted by Section 301 of the Copyright Act because photographs of the ...
March 24, 2017, Covington Alert
In a highly anticipated copyright decision issued on March 22, the Supreme Court held that the designs on Varsity Brands’ cheerleading uniforms are eligible for copyright protection. In reaching that ruling, the Court set out a standard that aims to harmonize a multitude of tests across the country.
Significant Developments in U.S. Trademark, False Advertising, and Right of Publicity Law 2016
February 22, 2017, Covington Advisory
Selections of Covington’s Intellectual Property Rights Practice Group for the “Top Ten” most significant and interesting developments in U.S. trademark, false advertising, and right of publicity law during 2016.
February 22, 2017, Covington Advisory
Selections of Covington’s Intellectual Property Rights Practice Group for the “Top Ten” most significant and interesting developments in U.S. and European copyright law during 2016.
BTI Names Nields and Shin "Client Service All-Stars"
February 10, 2017
SAN FRANCISCO—The BTI Consulting Group has named Covington lawyers John Nields and Clara Shin to its 2017 “Client Service All-Stars” list, which recognizes “remarkable attorneys and their ability to rise above all others with the most demanding clients.” Mr. Nields, based in Washington, is a highly regarded trial lawyer and member of the firm’s litigation and ...
Ruixue Ran Named One of Top 15 IP Lawyers in China
December 28, 2016
BEIJING—Asian Legal Business has named Covington partner Ruixue Ran as one of its fifteen “Top IP Lawyers” in China. Ms. Ran is the only lawyer from a non-Chinese law firm on the list. Ms. Ran is one of the few Chinese lawyers who specialize in cross-border intellectual property law and is often called upon to share her knowledge with Chinese companies and ...
June 17, 2016
LONDON—Euromoney Legal Media Group has selected four Covington lawyers for its annual “Europe Women in Business Law Awards.” The awards honor women in the legal sector across Europe. The Covington lawyers recognized are: Louise Nash, Best in Mergers & Acquisitions. Ms. Nash focuses on M&A and other transactional matters for clients in the consumer brands, ...
EU Law and Life Sciences - Cosmetics: Managing Online Sales to Protect Your Brand
May 12, 2016, Webinar
May 11, 2016, Covington Alert
On Wednesday, May 11, 2016, President Barack Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”), which creates a federal civil cause of action for trade secret misappropriation. The Senate passed the DTSA on April 4, 2016 by a unanimous vote of 87-0. The Senate bill (S. 1890) was passed by the House of Representatives without amendment on ...
April 14, 2016, BNA’s Patent, Trademark & Copyright Journal
Significant Developments in U.S. Trademark False Advertising and Right of Publicity Law 2015
February 2, 2016
Significant Developments in U.S. and European Copyright Law 2015
February 2, 2016
February 26, 2015, The Hill
Congressman Howard Berman has co-authored this op-ed on what a 21st century copyright office needs: "Copyright legislation is rarely partisan, but it can often become as heated and controversial among industry participants as any partisan issue. But whatever position one has on copyright policy, the copyright laws ‒ and the books, movies, music, photographs, ...
Shin and Haslam Named Top IP Lawyers in California
April 11, 2014
SAN FRANCISCO, April 11, 2014 — Covington & Burling partners Robert Haslam and Clara Shin were named to the Daily Journal’s annual list of “Top Intellectual Property Attorneys” in California. The list recognizes 75 litigators and 25 patent managers and patent prosecutors from around the state. Ms. Shin was recognized for work representing clothing company ...
August 5, 2013
WASHINGTON, DC, August 5, 2013 — SPI, owners of the famous STOLICHNAYA brand, secured a significant victory today, defeating the Russian Federation’s nine-year battle to take SPI’s rights in the U.S. STOLICHNAYA trademark. STOLICHNAYA is one of the bestselling vodkas in the world. The U.S. Court of Appeals for the Second Circuit affirmed complete dismissal of ...
Covington Secures Jury Verdict in Willful Trademark Infringement Case Against Quiksilver
7/22/2013
SAN FRANCISCO, July 22, 2013 — A Covington trial team on Friday won a $3.6 million jury verdict in California federal court after a jury found that apparel giant Quiksilver Inc. willfully infringed World Marketing, Inc.’s longstanding federally registered “VISITOR” brand. Following a six-day trial before U.S. District Judge David O. Carter in Santa Ana, ...
Covington’s Peets and Prescott, Named “Best in Copyright” and “Best in Investment Funds”
June 21, 2013
LONDON, 21 June, 2013 — Euromoney LMG awarded Covington partners Lisa Peets and Hilary Prescott the "Best in Copyright" and "Best in Investment Funds" awards at its Europe Women in Business Law Awards 2013 ceremony in London. The awards honour firms that set “the standard in terms of female-friendly work practices, and women leading the field in the legal sector ...
Color Trademarks in the Fashion Industry -- Louboutin Wins the Battle; YSL Claims Victory in the War
September 11, 2012, Covington E-Alert
June 9, 2011
WASHINGTON, DC, June 10, 2011 — Covington & Burling LLP received 92 individual mentions and 32 practice mentions in the Legal 500 US 2011 edition. Legal 500 reviews the strengths and strategies of law firms in more than 90 countries in Europe, the Middle East, Asia, North and South America, and the Caribbean. Here are the Covington lawyers and practices ...
October 8, 2010
WASHINGTON, DC, October 8, 2010 — The U.S. Court of Appeals for the Second Circuit issued an opinion and summary order today in the case of Federal Treasury Enterprise Sojuzplodoimport (“FTE”), et al. v. Spirits International N.V. (“SPI”), et al., Case No. 06-3532-cv. At stake in the lawsuit are, among other things, the U.S. rights to the famous STOLICHNAYA ...
June 23, 2010
WASHINGTON, DC, June 23, 2010 — Covington & Burling LLP received 85 individual mentions and 23 practice mentions in the Legal 500 US 2010 edition. Legal 500 reviews the strengths and strategies of law firms in more than 90 countries in Europe, the Middle East, Asia, North and South America, and the Caribbean. Here are the Covington lawyers and practices ...
5/1/2009
WASHINGTON, DC, May 1, 2009 — The U.S. Court of Appeals for the Federal Circuit has issued an important decision in favor of Spirits International B.V. (SPI), the owner of the STOLICHNAYA vodka brand, in a trademark case involving its MOSKOVSKAYA vodka brand. Covington & Burling LLP represented SPI in the appeal. The Court vacated a decision by the Trademark ...
11/16/2007
WASHINGTON, DC, November 16, 2007 — Covington & Burling LLP was awarded the WORLDleaders International IP Award for trademark excellence at an awards dinner held at the Grosvenor House in London last night. The WORLDleaders IP Awards are presented annually by the publishers of Trademark World, Patent World, and Copyright World, the world’s leading titles for ...
Covington Recognized in More than Twenty Practice Areas in Inaugural Edition of Legal 500 US
9/28/2007
WASHINGTON, DC, September 28, 2007 — In its inaugural year, The Legal 500 US has recognized Covington & Burling LLP’s practice excellence in 23 fields. Compiled in four volumes published in 2007, the Legal 500 US singles out the following practices: Broadcasting and Digital Buyouts: sub-$1b Copyright - regional Copyright Litigation - regional Data ...
April 7, 2006
WASHINGTON, D.C., April 7, 2006 - The STOLICHNAYA trademark decision handed down last Friday by the U.S. District Court for the Southern District of New York represents an important victory for defendant Spirits International N.V. ("SPI"), represented by Covington & Burling, and a major setback for the plaintiff, an agency of the government of Russia. At stake ...
Leading Patent Litigators, George Pappas, Jeffrey Elikan, and Kevin Collins, Join Covington
April 22, 2005
WASHINGTON, D.C., April 22, 2005 - Covington & Burling announced today that George Pappas, and Jeffrey Elikan have joined the firm as partners, and Kevin Collins has joined as of counsel. All three will be resident in the Washington, D.C., office. Messrs. Pappas, Elikan, and Collins, previously at Venable LLP, will join Covington's national patent and ...
Covington & Burling Announces New Counsel
May 8, 2002
May 8, 2002 - WASHINGTON, NEW YORK, LONDON & SAN FRANCISCO - Covington & Burling has promoted seven attorneys to counsel positions effective April 1, 2002. The new counsel are Dennis B. Auerbach, Wendy L. Feng, Marie A. Lavalleye, John B. Maclay, Lucinda Osborne, Lisa Peets and Elaine W. Stone. Mr. Auerbach is Of Counsel in the Washington office. His ...
11/21/2001, World eBusiness Law Report
Copyright Office Issues Report on Digital Millennium Copyright Act, Offers Legislative Recommendations on Copyright Matters
September 5, 2001, Covington Report
Key Procedures and Deadlines Announced for New .biz and .info Internet Domain Names
May 21, 2001, Covington Report
April 1997, Intellectual Property
- The National Law Journal, 2019 Washington “Litigation Department of the Year” winner (2019)
- The American Lawyer, 2018 California "Litigation Department of the Year" winner (2018)
- The National Law Journal - Recognized on the "Intellectual Property Hot List" (2016)
- European Women in Business Law - One attorney recognized as "Best in Copyright" (2011-2018)
- The Best Lawyers in America (2007-2019)
- Chambers USA's - America's Leading Business Lawyers (2006-2018)
- Chambers Europe (2016)
- Legal 500 US - Copyright (2017)
- Legal 500 UK - IP (2011-2014)
- Legal 500 EMEA - Intellectual Property (2011-2014)
- U.S. News Media Group and Best Lawyers, Copyright: National and Washington, DC, first tier ranking (2013-2015)
- WTR 1000, listed as a Leading Trademark Firm in "Enforcement and Litigation" and "Prosecution and Strategy" (2015)
- The Practical Law Company (PLC) - Which Law Firm?, Intellectual Property, Commercial Intellectual Property (2011-2012)
- PLC - Life Sciences, Which Lawyer? - Five attorneys recognized for Intellectual Property (2012)
- Two of our Covington partners are Fellows of the American College of Trial Lawyers and one was elected a Vice Chair of the Complex Litigation Committee.
- Another partner served as a United States District Court Judge for the District of Delaware for ten years presiding over 200 patent infringement cases.
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