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Overview

Jonathan is Chairman of the Firm.  He has handled intellectual property litigations in a wide range of industries, including music, fashion, sports, pharmaceuticals and healthcare, software, advertising, licensing, publishing and various consumer products. His practice encompasses the full gamut of intellectual property subjects, including trademarks, copyright, trade secrets and the licensing of intellectual property. He regularly tries copyright and trademark infringement cases in the federal courts and handles opposition and cancellation actions before the Trademark Trial Appeal Board.

Jonathan’s engagements have included a number of landmark intellectual property matters, including some of the first cases involving the use of trademarks as internet keywords, and the application of copyright law to the “resale” of digital  files.  He also has extensive experience in the use of consumer surveys in Lanham Act litigation.  Among others, he has represented The Donna Karan Company, the Recording Industry Association of America, Universal Music Group, Sanofi-Aventis Pharmaceuticals, Major League Baseball Properties, and the National Audubon Society.  

Honors & Recognitions

  • Recognized by The Legal 500 in Trademark Litigation and Copyright Litigation (2013 - present)
  • New York "Super Lawyers" in Intellectual Property Litigation (2007 - present)

Community & Professional Activities

  • Member, Copyright Society of the United States
  • New York State Bar Association
  • Professional jazz pianist with three CDs to his credit

Experience

Experience

  • Goodwin Procter & Hoar, Associate (1991- 93)
  • U.S. District Court, District of Massachusetts, Honorable Douglas P. Woodlock, Law Clerk (1992)

Newsroom

Publications

  • 11.19.2015
  • Misappropriation of Trade Secrets in Commercial Litigation in New York State Courts
    (West Publishing, 2005
  • What Jazz Is
    Walker Publishing, 1997
  • 'The Anatomy of a Jazz Recording: Copyrighting America's Classical Music,' ASCAP Copyright Law Symposium (1992)

Cases

Cases

  • Representative opinions include the following:
  • Car-Freshner Corp. v. D & J Distributing and Manufacturing, Inc., 1:14-cv-00391-PKC (S.D.N.Y. 2016) – On behalf of plaintiffs, manufacturers of the famous Little Trees air fresheners, obtained jury verdict finding defendant liable for trade dress infringement and dilution and awarding plaintiff defendant’s profits from sales of infringing air fresheners.  Court entered permanent injunction requiring defendant to change its trade dress.  Also obtained earlier summary judgment ruling dismissing defendant’s trade dress counterclaims on grounds of functionality, lack of distinctiveness and abandonment.  See Car-Freshner Corp. v. D & J Distributing and Manufacturing, Inc., 2015 U.S. Dist. LEXIS 67961 (S.D.N.Y. May 26, 2015).
  • Capitol Records, LLC v. Redigi Inc., 934 F. Supp.2d 640 (S.D.N.Y. 2013)  -- Represented Capitol Records in a case of first impression considering the application of copyright law’s first sale doctrine to digital goods.  Obtained summary judgment finding that the “world’s first and only marketplace for digital used music” directly and secondarily infringed Capitol’s copyrights in its famous sound recordings. Click here to read the decision.
  • The Hershey Company v. Promotion In Motion, Inc., 07-CV-1601 (SDW) (D.N.J. 2013) – Represented defendant at trial and defeated plaintiff Hershey’s claims that defendant’s SWISSKISS chocolate infringed and diluted Hershey’s KISSES trademarks.  Examined four survey experts and discredited Hershey’s confusion and dilution surveys.
  • Sanofi-Aventis v. Advancis Corp., 453 F. Supp.2d 834 (D. Del. 2006) - Trial counsel for the world's third largest pharmaceutical company in successful trademark infringement and dilution action.  Obtained permanent injunction after trial requiring publicly traded pharmaceutical company to change its company name and house mark.
  • Malaco Leaf, AB v. Promotion In Motion, Inc, 287 F. Supp.2d 355 (S.D.N.Y. 2003) - Obtained summary judgment for defendant dismissing trade dress, trademark infringement, trademark dilution and false advertising claims and finding the product configuration of plaintiff's 'Swedish Fish' gummy candy to be generic.

Education

Harvard University Law School (JD 1991, cum laude)

Princeton University (BA 1987, summa cum laude; Phi Beta Kappa)

Admissions

  • New York
  • Massachusetts
  • United States District Court for the Eastern District of New York
  • United States District Court for the Southern District of New York
  • United States District Courtsfor the Northern District of New York
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