News/Events - Newsletter

NEWS FROM OSTROLENK, FABER, GERB & SOFFEN, LLP
May 2006

Robert Faber, Peter Sloane and Douglas Hahn are representing Durkee-Mower, Inc. in a lawsuit recently filed against Williams-Sonoma, Inc. in the United States District Court for the District of Massachusetts. The lawsuit accuses Williams-Sonoma Inc. of trademark infringement for misusing the registered trademark FLUFFERNUTTER in the sale of a marshmallow and peanut butter chocolate-covered candy. On March 29, 2006, the Boston Globe quoted Mr. Sloane as stating that Williams-Sonoma is "trying to trade on the nostalgia for the classic Durkee-Mower product without acknowledging our trademark rights."

On April 25, 2006, Robert Faber was the speaker at the monthly meeting of the International Property Law Association of Florida, discussing the limiting effect of statements in a patent specification on the scope of patent claims. Representative Federal Circuit precedents on this subject were considered. For more information, please contact Mr. Faber at rfaber@ostrolenk.com.

Peter Sloane moderated a roundtable discussion for the International Trademark Association on April 11, 2006 titled "Developments in Fraud Upon the U.S. Patent and Trademark Office." The roundtable discussion dealt with issues ranging from fraud in the prosecution of trademark applications to inequitable conduct in the maintenance of trademark registrations. If you would like to receive a copy of the outline for the discussion, please e-mail Peter at psloane@ostrolenk.com.

OFGS is pleased to announce the hiring of three new associates Art Cody, Ericka Dewey, and Kelly Bargmann.

Art C. Cody is a patent litigator and has represented clients in numerous technical fields including mechanical engineering, electrical engineering, and computer software applications. His experience includes the representation of numerous multinational corporations before Federal District Courts throughout the country, the Court of Appeals for the Federal Circuit, the United States Supreme Court and the International Trade Commission. Prior to attending law school, he was a systems engineer for the McDonnell Douglas Electronic Systems Company. Mr. Cody graduated Magna Cum Laude from Notre Dame Law School in 1996, where he was Executive Editor of the Notre Dame Law Review. He holds a Master of Science in Systems Management from the University of Southern California (1993) and a Bachelor of Science in Aerospace Engineering from the United States Military Academy at West Point (1982).

Mr. Cody is a Captain in the United States Naval Reserve and served in Operation Enduring Freedom.

Ericka K. Dewey received a joint (JD-MBA) degree specializing in health systems, from Albany Law School-Union University in 1996. She began practicing in the field of trademark/copyright prosecution and litigation, and specialized in health law litigation until January of 2000. Ms Dewey now specializes in trademark prosecution, management of global I.P. portfolios for multinational corporations and client counseling on trademark clearance and protection issues. Ms Dewey is also involved in intellectual property litigation and licensing matters. Ms Dewey is admitted to the bar in the States of New York, Connecticut and Massachusetts as well as the U.S. District Courts for the Southern and Eastern Districts of New York.

Kelly Bargmann focuses her practice in the areas of trademark registration, prosecution, litigation, and international trademark rights. She also has experience with copyright protection and Internet intellectual property. Ms. Bargmann received her Juris Doctor degree in 2004 from Emory University School of Law. She is admitted to practice in New York and is a member of the International Trademark Association.