Epstein Drangel Bazerman & James, Intellectual Property, Technology and Media Law

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Intellectual Property Litigation

TRADEMARKS & TRADE DRESS
Allstate Insurance Co. v. Allstate Acceptance Corp., Case No. 96cv146 (D. N.J.). We represented the Defendant in a suit brought by Allstate Insurance Co. over Defendant's use of the name ALLSTATE in connection with activities in Great Britain for a rebate plan. After we prevailed in a preliminary injunction motion, the case settled on favorable terms to defendant.

Elements/Jill Schwartz, Inc. v. Gloriosa Co., Case No. 01cv904 (S.D.N.Y.). In this action for copyright and trademark infringement of alleged trade dress and copyrights in frames and photo albums, we have successfully moved to have the copyright claim withdrawn, and have now moved for summary judgment on the trade dress claim.

Ideavillage LLC v. Alltrade, Inc., Case No. 02cv2040 (D. N.J.). We have filed a trademark infringement suit and motion for preliminary injunction on behalf of the Plaintiff for infringement of the GRIP WRENCH strap wrench trademark. The proceedings are in the early stages.

Capital Link, Inc. v. Capital Tracers, Inc., Case No. 97cv2147 (S.D.N.Y.). We represented an investment firm which had for some time used, but not registered, the mark CAPITAL LINK against a newcomer using the name CAPITALINK. The case was settled on favorable terms to our client.

Gothic Coatings, Inc. v. Amsterdam Color Works, Inc., Case No. 97cv2789 (E.D.N.Y.). This case was a trademark dispute between two users of the same mark GOTHIC. The case recently settled in our client's favor with the assignment of all rights to our client.

352587 Ontario Ltd. v. Schlottmann, Case No. 98cv4596 (S.D.N.Y.). This case involved the intentional infringement of our Canadian client's trademark by Defendant having set up of a New York corporation in order to syphon shipping and freight forwarding business from our client in India. The case was favorably settled with the Defendant agreeing to cease all such activities.

National Artist Colors & Tattoo Supply, Inc. v. National Tattoo Supply, Inc., Case No. 99cv8620 (S.D.N.Y.). This case involved the unlawful infringement and misappropriation of a number of trademarks and domain names incorporating the mark NATIONAL TATTOO. The case was settled on favorable terms to our client including transfer of the domain names.

Earlier Cases: Prior to forming the Firm, Steven Bazerman had been lead counsel in a number of well-known cases in various aspects of intellectual property, including:

LeSportsac, Inc. v. K Mart Corp., 745 F.2d 71, 78 A.L.R.Fed. 695, 225 USPQ 654 (2d Cir. 1985);

LeSportsac, Inc. v. K Mart Corp., 607 F.Supp. 183, 224 USPQ 776, 225 USPQ 580 (S.D.N.Y. 1984);

Pepe (U.K.) Ltd. v. Ocean View Factory Outlet Corp., 770 F. Supp. 754, 21 USPQ2d 1509 (D. P.R. 1991);

Source Perrier SA v. Water of Saratoga Springs, Inc., 217 USPQ 617 (SDNY 1982).

In fact, LeSportsac v. K Mart has been considered the primary case in the development of trade dress protection under the Lanham Act.

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