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Overview

The attorneys in Pashman Stein Walder Hayden’s Intellectual Property practice group work with international and domestic start-ups, established businesses, and individuals to safeguard their intellectual property and position them to pursue violators when misappropriation occurs.

Clients turn to our IP group for counsel on trademark, trade secrets, and copyright issues in a wide variety of industries including digital media, software, manufacturing, medical devices, fashion, cosmetics, perfume, and apparel, often associated with celebrity brands. Our IP group advises clients as to how to protect and safeguard their intellectual property, and how to avoid, or minimize, the risk that clients will be accused of infringing the rights of third parties. We also negotiate and draft trademark and copyright licenses and submit copyright and trademark registration applications. The group also has experience working on behalf of artists, music publishers, and record companies.

As strong advocates for our clients, we regularly represent clients in transactional matters including licensing, joint venture, consulting, and other types of agreements, and conduct due diligence for companies involved in mergers and acquisitions to ensure that intellectual property assets are appropriately discovered, valued, and protected.

We have successfully prosecuted clients’ claims of copyright or trademark infringement, and misappropriation of trade secrets, against third parties in state and federal courts in New York and New Jersey and have defended clients against such claims.

Our firm also collaborates with out-of-state law firms in connection with substantial IP matters venued in New York and New Jersey, leveraging our local knowledge and experience to protect the rights of our clients.

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Representative Matters

  • Represented a leading heart valve manufacturer in a patent licensing dispute involving rights to a minimally invasive method for repairing and replacing aortic heart valves (transcatheter aortic valve replacement therapy).The dispute focused on whether only a particular patent or an entire family of patents to the revolutionary heart valve device and procedure had been licensed. Following an evidentiary hearing on our application for summary judgment, the matter was resolved through a confidential settlement.
  • Successfully litigated copyright infringement case on behalf of music publishers against one of the first music file-sharing services.
  • Successfully litigated companion copyright cases in the US and UK on behalf of a major music publisher involving the unauthorized exploitation of the Beatles musical compositions.
  • Successfully represented major and independent music publishers against Apple, Google, Spotify, Amazon, and Pandora in copyright rate proceeding to determine compulsory rates and terms for interactive streaming services.
  • Successfully litigated trade secret misappropriation case on behalf of financial services company against former employees who developed critical software and then left to work for a competitor.
  • Successfully defended major music publisher in copyright infringement suit brought by Gospel artist.
  • Successfully represented major record company accused of copyright infringement in connection with the distribution and marketing of a record by a popular UK-based musical group.
  • Representing major music publishers and musical groups in copyright infringement actions.
  • Successfully litigated trademark infringement claims on behalf of several apparel-company clients.
  • Coordinated sting operation to recover leaked photographs of major pop star who intended that first publication of photographs be in coffee table book.
  • Successfully represented major pop musician in dispute with licensor of trademark for use on perfume.
  • Representing male underwear model in Lanham Act claim against apparel manufacturer and advertising agency for unauthorized usage of image and likeness in breach of usage agreement.
  • Successfully pursued patent, trademark and trade dress lawsuits on behalf of a leading manufacturer of industrial torque wrenches to stop several companies from selling knock-offs of our client’s wrenches.

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