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Trademark Litigation

  • Represented Pony, Inc. in two separate trademark disputes against Ford Motor Company and Nike, obtaining favorable results in each case.
  • Represented New Name, Inc. against Disney Enterprises, Inc., regarding trademark and copyright infringement, obtaining a favorable settlement.
  • Representing Chelsea’s Light Foundation, a non-profit organization working to protect children from sexual predators, in trademark and contractual matters.
  • Represented Clariti Eyewear, Inc. in trademark infringement action against Walman Optical Co. and Hydrogel Vision Corp.
  • Represented a professional basketball player in a suit against a television production company for exploiting his trademark and brand.
  • Represented a plaintiff clothing manufacturer in a suit alleging trademark infringement by another clothing manufacturer.
  • Defended a wholesale distributor of pharmaceuticals in several trademark cases involving various products where it was alleged that the products were rendered non-genuine for failure to adhere to the manufacturer's quality control strictures, or for removal of batch and date codes.
  • Represented a $2 billion pharmaceutical/health and beauty aids distributor in a wide variety of matters including regulatory, Prescription Drug Marketing Act, trademark, contract, fraud, and tort issues.
  • Won a $6 million jury verdict against an unauthorized Internet reseller of our client’s products. The jury found the Internet reseller liable for tortious interference with contract and trademark infringement. This victory was extremely important in protecting our client’s distribution system.
  • Prosecuted claims on behalf of a shoes manufacturer for trademark infringement, unfair business practices and misuse of client’s images against a national sportswear company. The matter was resolved by favorable settlement after extensive discovery and after the parties submitted competing motions for summary judgment.
  • Represented SpinMaster, a leading global children's entertainment company, in a patent infringement case related to the company's Zero Gravity® Laser toy vehicle, which was named "Best Toy" by Popular Mechanics at the 2019 Toy Fair. Obtained a preliminary injunction in December 2019 enjoining the sales of the infringing toys by defendant, which was appealed. The parties settled their dispute and the case was dismissed by stipulation.
Case Study
At the peak of toy-buying season, Mintz helped Spin Master Ltd. obtain a preliminary injunction preventing toy company E. Mishan & Sons, Inc. (Emson) from importing and selling Radical Racers toys in the US after Spin Master sued Emson for infringing patents covering its Zero Gravity® toys.
Case Study
Mintz obtained partial summary judgment on First Amendment grounds for global fitness and training company CrossFit, Inc. CrossFit brought Lanham Act false advertising claims based on a study published by the National Strength and Conditioning Association that contained false CrossFit injury data.
Case Study
Mintz handles trademark, copyright, and domain name matters, including those involving the USPTO, TTAB, and counterfeit materials for Cedar Fair, which owns amusement parks in the United States and Canada.
Case Study
Mintz represents former NFL star Shawne Merriman with trademark issues concerning his Lights Out brand, including in matters involving major sports apparel brands. Mintz has brought trademark infringement, false endorsement, and unfair competition suits and successfully settled trademark cases.
Case Study
Mintz represented an American pro basketball player in his case against a TV production company and others for using his trademark and brand without consent and a third party's contract suit against the player. Mintz’s client prevailed on summary judgment, and the adversary’s appeal was denied.