News/Events - Newsletter

NEWS FROM OSTROLENK, FABER, GERB & SOFFEN, LLP
November 2003

Marc A. Lieberstein authored an article entitled "Rosa Parks - Cultural Symbol or Marketing Ploy" that was published in the Andrews Online Intellectual Property Litigation Report, Vol. 10, Issue 11. The article commented upon the Sixth Circuit's recent decisions in the Rosa Parks v. LaFace Record and ETW Co. v. Jireh Publ'g. Inc. cases where the First Amendment defense was asserted against alleged violations of the Lanham Act and the right of publicity laws. If you would like a copy of the article, please e-mail Mr. Lieberstein at mliebersten@ostrolenk.com. Mark Cermele, a law clerk, assisted Mr. Lieberstein with the article.

Peter S. Sloane presented a mock oral argument on a preliminary injunction motion in a gray market goods trademark infringement case at the New York State Bar Association Intellectual Property Section Annual Fall Meeting held in Lake George, New York on October 11, 2003. Taking the role of attorney for Plaintiff, Mr. Sloane convincingly argued that the Defendant infringed Plaintiff's trademark rights. Both the presiding judge and jury (audience) agreed with Plaintiff and awarded a preliminary injunction in favor of Plaintiff.

Peter Sloane is also speaking at an upcoming event at the Benjamin N. Cardozo School of Law at Yeshiva University in New York City in a program entitled "Enlargement of the European Community and its Effect on European Community Trademark Practice." The program will be held on December 9, 2003 from 7:00 p.m. to 9:00 p.m. If you would like more information regarding the program, please contact Mr. Sloane at psloane@ostrolenk.com.

Robert C. Faber and Martin Pfeffer will be lecturing at PLI's 13th Annual Advanced Patent Prosecution Workshop on November 10 11 in New York City. Mr. Pfeffer is the Program Chair. For more information on the workshop, you may contact Mr. Pfeffer at mpfeffer@ostrolenk.com.

Douglas A. Miro and Marc A. Lieberstein authored an article entitled "Trade Dress and Patent Protection: An Update on Their Coexistence Via The Functionality Doctrine In View of TrafFix" which will be published in an upcoming edition of the National Law Journal. A longer version of the article will also be available on Ostrolenk's web site at www.ostrolenk.com.

Alfred R. Fabricant, Marc A. Lieberstein, and Anthony Lovensheimer litigated a patent infringement action on behalf of Casco Products Corporation, a subsidiary of Sequa Corporation and obtained a favorable settlement for Casco. The subject matter of the lawsuit concerned Casco's patent rights in a proprietary heat shield for an automobile cigar lighter.

Marc A. Lieberstein will Chair the New York State Bar Association Intellectual Property Section Annual Meeting to be held at the Marriott Marquis Hotel in New York City, New York on January 27, 2004. The Annual Meeting will present a panel on E-Litigation and Forensic Discovery as well as A View From the Bench with Honorable Judges Shira A. Scheindlin, Denise L. Cote and Jed S. Rakoff participating. If you require information on how to attend this event, please contact Mr. Lieberstein at mlieberstein@ostrolenk.com.

Douglas A. Miro, Marc A. Lieberstein and Anthony Lovensheimer successfully opposed a Motion to Dismiss a Declaratory Judgment Complaint filed on behalf of A.D. Sutton & Sons, Inc. The Declaratory Judgment Complaint was filed to request that the Southern District Court of New York declare that A.D. Sutton's product did not infringe the copyrights of the Defendant, Perine Lowe, Inc. In denying the Motion to Dismiss, the court, Judge Richard Owen presiding, ruled that A.D. Sutton had a reasonable apprehension of suit to justify filing the Complaint.