Representative Matters

• Successfully defended a commercial real estate company in a trademark infringement lawsuit, obtaining partial summary judgment precluding an award of monetary damages and an order striking key testimony from the plaintiff’s experts, culminating in a complete dismissal with prejudice of all claims asserted against the client shortly before trial.
• Represented a well-known luxury furniture and interior design company in federal court in connection with copyright and trade dress infringement and unfair competition claims against a third-party furniture design company.
• Defended a lawn games manufacturer in federal court against trade dress infringement and unfair competition claims.
• Obtained partial summary judgment in favor of a well-known artist on copyright and trademark infringement claims asserted against a former licensee.
• Secured an award of Rule 11 and Rule 37 sanctions against a plaintiff (and its counsel) seeking more than $100 million in damages in connection with claims alleging false advertising under the Lanham Act, violation of the Computer Fraud and Abuse Act, tortious interference and unfair competition. The sanctions resulted in the preclusion of key evidence of the alleged cyberattacks.

Precedent-Setting Cases

• Secured the precedential decision in Andrews v. Cross Atlantic Capital Partners, Inc., 158 A.3d 123 (Pa. Super. Ct. 2017), overruling Signora v. Liberty Travel, Inc., 887 A.2d 284 (Pa. Super. Ct. 2005) and holding that an employee’s receipt of prejudgment interest for his breach of contract claim for unpaid wages did not preclude the employee’s recovery of liquidated damages under Pennsylvania’s Wage Payment and Collection Law.
• Secured the 84-page precedential decision in Krishnan v. The Cutler Group, Inc., 171 A.3d 856 (Pa. Super. Ct. 2017), clarifying the standard of proof required for claims under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law, reaffirming that a plaintiff need not leave his home to demonstrate a violation of the implied warranty of habitability, requiring that any disclaimer of implied warranty rights be explicitly stated, and reaffirming that a trial court should calculate an award of attorneys’ fees using the lodestar approach.

^{*Results may vary depending on your particular facts and legal circumstances.}

Melissa is a regular contributor to Above the Fold, the firm’s trademark and copyright blog.

Open Hearth Inc.