Litigation Examples
Chico’s FAS, Inc. et al. v. Cache, Inc. et al. Represented Chico’s in a trade secret litigation commenced in New York state court that involved the alleged theft of trade secrets related to clothing designs and other business information. Fish was successful in defeating Cache’s attempt to remove the case to federal court where, Cache argued, the trade secret claims as they related to clothing designs were preempted by copyright law. The case was settled favorably for the client.
McLaren v. Chico's FAS, Inc. Defended Chico's in a copyright infringement litigation in the Southern District of New York brought by artist McLaren, who alleged infringement of mannequin drawings by three-dimensional mannequins displayed by Chico's. Fish moved to dismiss the case in its entirety based on the invalidity of Plaintiff's copyright registration—a prerequisite to filing suit for copyright infringement. Fish's motion to dismiss the case was granted with prejudice on this issue of first impression in the Southern District of New York.
Therapy Products Inc. d/b/a Erchonia Medical v. Bissoon, et al. Represented four defendants in a trademark infringement, false advertising, and unfair competition litigation involving both federal and New York state law claims in the federal district court of the Southern District of New York. The Court awarded summary judgment to all defendants on all claims, and thereby ordered the case closed. In a subsequent decision, the Court awarded defendants reimbursement of attorney’s fees and costs. The case was appealed by the plaintiff to the Second Circuit Court of Appeals. Plaintiff attempted to appeal the summary judgment award to defendants and the fee award to defendants, separately. Appeal of the fee award for lack of jurisdiction was successfully dismissed. Subsequently, the Second Circuit Court of Appeals affirmed the award of summary judgment to the defendants on the trademark claim.
Inference Data LLC v. Catalyst Repository Systems Inc., et al. Instituted an Article 75 Petition to Stay an Arbitration in the Supreme Court of the State of New York on behalf of petitioner, Inference Data, LLC. Negotiated settlement of federal and state law claims involving copyright infringement, trademark infringement and unfair competition.
Aedes De Venustas, Inc. v. Venustas International, Inc. Represent defendant in a trademark infringement and unfair competition litigation involving both federal and New York state law claims in the federal district court of the Southern District of New York.
Society of the Holy Transfiguration Monastery Inc. v. Archbishop Gregory of Denver, Colorado Represented the Holy Transfiguration Monastery in a copyright infringement suit involving the Monastery's copyrighted translations of ancient religious Greek texts. Presented oral argument in the First Circuit Court of Appeals before Justice Souter, former Supreme Court justice, on behalf of plaintiff-appellee, The Holy Transfiguration Monastery.