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As we begin 2019, we take the opportunity to share with you some news, both sad and happy, from 2018. 2018 was a significant year for our firm in many ways. We are proud of our accomplishments and thank you for your support as you read this edition of our CLL e-News. IN MEMORIAM 
On July 8, 2018, we lost one of our founding partners, Sidney I. Liebowitz. Sidney was a beloved friend and peerless practitioner for more than a half century. He played a major role in creating and sustaining our law firm and its culture. He embodied the best qualities of the legal profession, serving as private counselor to his clients, many of whom were, or became, his personal friends. Sidney had an unwavering dedication to his clients; he counseled sound business solutions and steered his clients from unnecessary conflict. Sidney thrived on
helping people with their business challenges and personal problems. He was the paradigm of the old-fashioned lawyer: forthright, modest and compassionate in everything he did—the ultimate reasonable man. He was our soul and a touchstone for everything that is right and decent about the legal profession. We miss him dearly. He is survived by his wife Marge, his children Ellen, David, Barbara and Peter and his fifteen adored grandchildren and great-grandchildren. 
On September 15, 2018, we lost our dear friend and colleague Lloyd McAulay. In his more than 50-year legal career, Lloyd provided astute advice to clients in all areas of intellectual property law, including patent, trademark, copyright and trade secrets. With his diverse technical knowledge in such areas as electronics, medical instruments, optics and other technical disciplines, Lloyd was successful in procuring patents for a large variety of inventions. Lloyd earned an electrical engineering degree from City College, New York, and his law degree from Yale Law School. In 1970, Lloyd founded his own intellectual property boutique firm which was acquired in 2000
by a national law firm. Lloyd joined our firm several years later, and although it was late in his career, Lloyd made a significant contribution to our practice. All of us at the firm will fondly remember Lloyd as a warm, engaging and inquisitive individual who was dedicated to his clients. We shall miss his thoughtful insights and his wonderful collegiality. SOME OF OUR INTERESTING CASES 1. CANDY PACKAGING AND SHAPE INFRINGEMENT CLAIM Jonny King and Richard Mandel represented our client, Promotion in Motion, a licensee of Welch Foods, in connection with a lawsuit against Kervan USA LLC in the U.S. District Court for the District of New Jersey. The complaint asserted two claims, and was promptly followed by a motion for a temporary restraining order and preliminary injunction. The two claims were are
follows: First, that the defendant, under license from Sunkist Growers, Inc. was about to launch SUNKIST FRUIT GUMMIES in packaging that infringed the WELCH’S FRUIT SNACKS packaging trade dress. 
Second, that the defendant was selling an imported knock-off sour
watermelon candy in a shape and color combination essentially identical to that used for our client’s SOUR JACKS products. 
This case was settled in early November. In a Consent Judgment endorsed by the Court, the defendant agreed to permanently discontinue the SUNKIST FRUIT GUMMIES packaging in favor of a new design approved by our client, and further agreed to modify the shape and
color combination of its sour candy. 2. PRODUCT DESIGN INFRINGEMENT CLAIM 
Jonny King and Eric Shimanoff represent our client, Car-Freshener Corporation, in a trademark infringement and unfair competition action in the U.S. District Court for the Southern District of New York against Balenciaga America, Inc. The Complaint alleges that the design of our client’s famous Little Trees air fresheners, and other products displaying our client’s registered Tree Design Marks, are being infringed by the Defendant’s key rings, which slavishly copy our client’s Tree Design Marks. This case has already received widespread media attention. 3. DESIGN PATENT INFRINGEMENT DEFENSE
Vinotemp International Corp. sued our client, Wine Enthusiast in the U.S. District Court for the Southern District of New York. Vinotemp claimed that Wine Enthusiast’s wine rack shelves infringed Vinotemp’s Rack Face design patent. Eric Shimanoff and Mark Montague represented Wine Enthusiast. Judge Cote dismissed this case as a matter of law. The court held that no ordinary observer using Vinotemp’s wine rack would think, when considering the
patented design features of the Rack Face as a whole, and in the normal course of such use, that the Rack Face was substantially similar in design to the shelf front of Wine Enthusiast’s wine racks. The Rack Face Patent, even if valid, did not give Vinotemp monopoly rights over all black structures affixed to the front of wine racks. 4. TRADEMARK CANCELLATION CLAIM 
Mary Kevlin and Maryann Licciardi successfully represented Major League Baseball Properties in a cancellation action challenging the registrant’s Major League Zombie design mark. The Trademark Trial and Appeal Board found that the registrant’s mark resulted in a likelihood of confusion with MLBP’s “commercially strong” MAJOR
LEAGUE BASEBALL and design mark. 5. BREAKING BUD BEER INFRINGEMENT CLAIM 
Richard Mandel and Lynn Fruchter, assisted by Dasha Chestukhin, commenced an action in the U.S. District Court for the Central District of California on behalf of our long-time client Sony Pictures Television Inc., producer of the Emmy Award-winning TV series BREAKING BAD. Sony Pictures claims that a craft brewery called Knee Deep is infringing Sony’s BREAKING BAD marks
through its use of the name BREAKING BUD for beer. Among the issues presented is Knee Deep’s defense that the label of a beer can is an “expressive work,” and its use is a parody protected by the First Amendment.
6. "HUMANITY HATES TRUMP" INFRINGEMENT DEFENSE 
Richard Mandel and Joel Karni Schmidt, assisted by Dasha Chestukhin,
took over representation of the defendant SCS Direct, a successful consumer products company, in a copyright and trademark infringement action brought by the maker of the popular card game, “Cards Against Humanity.” Plaintiff claimed that our client’s game, “Humanity Hates Trump,” infringed the copyright, trademark and trade dress of its “Cards Against Humanity” game. This matter was settled after a few months of discovery, and it received widespread press coverage. NEGOTIATING MILK DISTRIBUTION FACILITY AGREEMENTS 
Ron Meister and Peter Porcino assisted our long-time client, Queensboro Farm Products, in the negotiation of a lease and a loading
agreement for the operation of its milk distribution facility in Queens. Queensboro is a third-generation family-owned business that has been (with the help of cows in upstate New York) producing and selling dairy products for over 100 years. HAPPENINGS  On ten prior occasions over the past three years, our attorneys, staff members and clients have participated in a volunteer program of serving dinner to homeless people at The Bowery Mission in lower Manhattan. On October 24, approximately 250 meals were served by our firm’s volunteers: Usha Subryan, Jenny Quinteros, Vanessa Charles, Danielle Siegel, Lauren Fragola, Lawrence Sohner, Jeffrey Chery and Emily Stein. On December 5, approximately 275 meals were served by our firm’s volunteers: Usha Subryan, Jenny Quinteros, Rodica Apter and her daughter Anna, Lawrence Sohner, Ana Quinteros, Marcia Snagg, Rahmel Harvey and Jeffrey Chery. We have scheduled five more volunteer sessions during 2019, and we invite our clients and alumni to join us. If you are interested, please contact Emily Stein (efs@cll.com).
On November 7, we hosted an event at the
venerable music club, The Bitter End, in conjunction with the New York Chapter of the  Association of Corporate Counsel. The theme was Ethics in IP and the band included our own Tom Kjellberg and Nancy Hampton along with friends Joe Bronowich and Jim McNamara. Our partner Kieran Doyle with Anna Erenburg of Viacom
co-presented the ethics topics. Over 60 attendees gave great reviews. We are planning an encore performance at The Bitter End - this time for our clients (both attorney and non-attorneys) tentatively scheduled for March 13. Watch your inbox for the invitation with full details.
On November 15, we hosted an army of abominable snow people at the Smalls jazz club for a Jazz and  Copyright CLE program presented by our firm’s Chairman Jonny King, who is an established jazz pianist (see www.jonnyking.com) as well as an experienced intellectual property litigator. A parade of wet-haired, foggy-glassed clients and friends walked down the stairs and into the intimate space of Smalls. Smiles soon replaced grimaces as they shook off the snow, wiped off their glasses and settled in for Jazz, law, drinks and conversation.
November 16, we, once again, hosted the Fashion Law Institute Pop-Up Clinic at our offices. We have hosted the Pop-Up Clinic a number of times since the Fashion Law Institute was launched at the Fordham University School of Law in 2010 by Professor Susan Scafidi with the generous support of Diane von Furstenberg and the Council of Fashion Designers of America. Pro bono clients who attended this latest Pop-Up Clinic included a fashion industry media company, a trading company and a jewelry
designer.
OUR NEWEST ASSOCIATES 
Emily F. Stein has
experience advising clients ranging from start-ups and small businesses to Fortune 500 companies on domestic and foreign trademark, copyright, domain name and licensing issues and contested proceedings, in a wide variety of industries, including luxury goods, electronics, financial services, professional sports, and food and beverages.  Jeffrey Chery, a former Trademark Examining Attorney with the U.S. Patent and Trademark Office, has extensive experience in managing and resolving substantive and procedural issues pertaining to trademark prosecution. He represents clients in many industries, including sports and entertainment, banking and financial, software, apparel, and consumer goods. 
George C. Sciarrino handles U.S. and international trademark and copyright matters. George also has experience in civil litigation and has appeared in state and federal courts. He has represented lifestyle and fashion companies, technology start-ups, entertainment and media platforms, hotels and restaurants, and a major sports organization. 
Danielle J. Siegel joined our intellectual property group after being the 2017 Meloy Law Fellow at New York University, Office of the General Counsel. Before that she served as a Judicial Intern to the Hon. Peter Tom in the New York State Supreme Court, Appellate Division, First Department.
OUR FIRM CONTINUES TO RECEIVE HONORS AND RECOGNITION
![]() The eighth edition of World Trademark Review 1000—The World’s Leading Trademark Professionals -- 2019 continued to rank CLL in
New York in the Gold Band for Enforcement and Litigation and also in the Gold Band for Prosecution and Strategy. WTR 1000 says that “[f]irms and individuals in the gold band are those that attract the most positive comments from sources. We have identified them as the crème de la crème; their success often hinges on reputations established over lengthy periods of time, something which enables them to secure the most high-profile, big-ticket work from the most prestigious of clients.”
We are proud of the editorial description of our firm, and of the individual attorneys WTR 1000 chose to name:
One of the best trademark outfits in the United States”, Cowan Liebowitz & Latman is “an exceptional IP boutique that serves many leading brands”. “It is a huge player on the prosecution side, as it houses a raft of skilled professionals, which grants it a reservoir of expertise that few can match.” The group also boasts an enviable record in litigation and has been central in a myriad of important cases. “The consistency of its lawyers and its longevity speak volumes to its quality.” The firm rises to the exclusive gold tier in New York this year; meanwhile, several of its practitioners enter the WTR
1000 listings for the first time, including Mary Donovan who re-joined the firm in 2017. “Highly regarded throughout the IP community and well connected with local counsel worldwide, she is cost-conscious, responsive and resourceful. Moreover, she is extremely hands-on and possesses excellent judgement.” Similarly, her colleague Jeffrey Epstein “stays very informed and goes above and beyond with his timely service. He pays scrupulous attention to detail and is especially knowledgeable about the
fashion and retail sectors.” Fellow prosecution and counseling specialist Joel Karni Schmidt is one of the brightest and most experienced trademark attorneys around and is known for his pragmatic advice, robust negotiation skills and commercial acumen. One peer reports, “He is a really thoughtful professional and has a knack for choosing battles wisely and steering clients away from unnecessary confrontations.” On the other side of the equation is Christopher Jensen, who “has a
tremendous background in IP litigation – he is brilliant when it comes to resolving disputes”. Richard Mandel is another contentious maven: “He is highly effective and always civil – a rare combination of qualities.” “A consummate professional, he is exceedingly sharp and able to devise innovative arguments.” Mandel and Jonathan King have been pulling out all the stops for the National Tobacco Company in a series of oppositions and cancellations spanning over 13 years. When teaming up they
“are the best of the best and achieve exceptional results, time and time again.” King has also been busy over the last year coordinating surveys on behalf of multiple defendants in the much-talked about International Trade Commission (ITC) suit filed by Converse. For the same case, Kieran Doyle took charge of investigating a century’s worth of third-party use evidence. Doyle is known to be “knowledgeable and easy to deal with, he adopts a pensive and nuanced approach”. Eric Shimanoff recently
enjoyed a significant victory for the Empire State Building after successfully proving that its image is a famous mark that would be diluted by another brand’s proposed logo. William Borchard aided him in this endeavour. “Shimanoff and Borchard are creative, responsive, diplomatic, methodical and effective – they meet and exceed the highest standards.” Refined strategist Mary Kevlin provided support on the Empire State Building brief too. She has been a main point of contact for Major League
Baseball, along with Lawrence Greene. The two form a dynamic duo and are “incredibly dedicated, dogged in the pursuit of client objectives, great at managing their staff and all-around beacons of excellence”. Maryann Licciardi and Kevlin recently convinced the Trademark Trial and Appeal Board (TTAB) that the WORLD SERIES marks – owned by the Office of the Commissioner of Baseball – had attained a ‘very high level of fame’. Licciardi is applauded for “her proficiency in dispute
resolution. She vigorously defends her clients’ interests and is able to push for sophisticated terms of co-existence”. She rolls up her sleeves in both contentious and non-contentious matters, as do Deborah Squiers and Meichelle MacGregor. “Thorough, inventive and reliable, Squiers always goes out of her way to provide top-notch service, with a sense of humour and an appreciation for business needs.” “She has an up-to-the-minute understanding of all issues in this area of the law and
gives actionable and reasoned advice.” MacGregor is likewise “aware and appreciative of corporate goals”. She is “to-the-point and incredibly strategic. She excels at breaking down complex problems and understands how to take a practical stance to get a situation moving. In addition, her communication skills are superb. 
U.S. News & World Report
and Best Law Firms – 2019, published as an advertising supplement to New York Magazine, ranked CLL in National Tier 1 for Trademark Law, Copyright Law and Information Technology; in National Tier 2 for Intellectual Property Litigation; and in National Tier 3 for Patent Litigation. 
Chambers USA – 2018
ranked CLL in Band 2 (only two firms were ranked higher) for Intellectual Property: Trademark & Copyright – New York. 
The Legal 500 USA – 2018 ranked CLL in National Tier 1 for Copyright Law; in Tier 2 for Trademark Prosecution, Portfolio Management and Licensing; and in Tier 3 for Trademark Litigation. 
Super Lawyers New York Metro – 2018 named sixteen of our attorneys as “Super Lawyers” and five of our attorneys as “Rising Stars.” 
Best Lawyers in America – 2019, published as an advertising supplement to The New York Times and The Wall Street Journal, named nine CLL attorneys in the categories of : Copyright, Trademark, Information Technology, IP Litigation, Commercial Litigation and Patent Litigation. Prior results do not guarantee a similar outcome.
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