Overview

Kenny Kramer et al. v. Skyhorse Publishing, Inc. et al. – Represented Skyhorse Publishing in a defamation suit filed by Kenny Kramer — the real life inspiration for “Cosmo Kramer” on the Seinfeld television show, and owner of Kramer’s Reality Tours, Inc., which operates a bus tour in New York City. Kramer sued Skyhorse Publishing, claiming his reputation was damaged after Skyhorse published a memoir written by a former Seinfeld writer, in which the author recounted his experiences on the Kramer’s Reality Tour bus tour. Fish moved to dismiss the case on the ground that defamation had not been pled. In July 2014, the Supreme Court of the State of New York granted Fish’s motion, and dismissed the lawsuit in its entirety.

Luv N’ Care Ltd., et al. v. Regent Baby Products Corp. – Fish represents the defendant, Regent Baby Products, in this trade dress litigation pending in New York in which plaintiffs claimed infringement of more than a dozen different baby feeding products. Fish was successful in dismissing the plaintiff’s federal and trademark dilution claims on a 12(b)(6) motion, staying a design patent claim, and negotiating a dismissal with prejudice of all claims against the client concerning nine of the original products at issue. Then, in December 2013, Regent Baby prevailed on its motion for partial summary judgment when the court found that two of the remaining products at issue are generic, “common shapes frequently used in the sippy cup industry” that do not warrant trade dress protection under the Lanham Act. The Court also dismissed Luv N’ Care’s tortious interference claim. Read Fish’s press release here.

Society of the Holy Transfiguration Monastery Inc. v. Archbishop Gregory of Denver, Colorado – Represented The Holy Transfiguration Monastery (“HTM”) located in Brookline, MA, in a copyright infringement suit alleging infringement of HTM’s copyrighted translations of ancient religious Greek texts. Presented oral argument in the U.S. Court of Appeals for the First Circuit before a three-judge panel that included retired U.S. Supreme Court Justice Souter, sitting by designation. The First Circuit affirmed HTM’s prior victories, concluding that the defendant was liable for copyright infringement and reaffirming, in a significant opinion, that translations are copyrightable works and that the art of translation is a creative process that involves artistic choices.  This decision earned national media coverage, including in the National Law Journal.

McLaren v. Chico’s FAS, Inc. – Successfully defended Chico’s in a copyright infringement litigation in the Southern District of New York brought by artist McLaren, who alleged infringement of drawings of mannequins by three-dimensional mannequins displayed by Chico’s retail outlets. Fish successfully dismissed this case with prejudice at the pleading stage, avoiding costly discovery, on the invalidity of plaintiff’s copyright registration — an issue of first impression in New York.

Therapy Products Inc. d/b/a Erchonia Medical v. Bissoon, et al. (Southern District of New York) – Successfully defended 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, which granted Fish’s motion for summary judgment to all defendants on all claims. In a subsequent decision, the Court ordered plaintiff to pay all defendants their attorney’s fees and costs.

Therapy Products Inc. d/b/a Erchonia Medical v. Bissoon, et al. (Second Circuit Court of Appeals) – Successfully defended all defendants in the Second Circuit Court of Appeals. The appeals court granted Fish’s motion to dismiss plaintiff’s appeal of the district court’s award of attorney’s fees for lack of jurisdiction. Later, the appeals court affirmed the award of summary judgment to the defendants on all claims and ordered the plaintiff to pay additional costs to the defendants.

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 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.

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 client Inference Data, LLC. Negotiated favorable settlement for the client of federal and state law claims involving copyright infringement, trademark infringement and unfair competition.

Aedes De Venustas, Inc. v. Venustas International, Inc. – Represented defendant in a trademark infringement and unfair competition litigation involving both federal and New York state law claims in the U.S. District Court for the Southern District of New York. Negotiated a favorable settlement for client.

Outer Aisle Gourmet, LLC v. Bimbo Bakeries USA, Inc – Represented Bimbo Bakeries, a global bread, cake, and cookie manufacturer, and its affiliate Arnold in trademark enforcement, protest, TTAB, and litigation matters. The litigation involved Fish’s clients’ longstanding and incontestable trademark rights in the SANDWICH THINS trademark. The litigation settled in 2022. 

Atari Interactive, Inc. v. skinnyCorp, LLC, No. 1:20-cv-10379-JPO (S.D.N.Y.) – Represented defendant Threadless in a case filed by Atari alleging direct and vicarious trademark infringement and counterfeiting, trademark dilution, trade dress infringement, and unfair competition. Fish filed a partial motion to dismiss after which the plaintiff amended its complaint. The parties settled the case during the pleadings stage. 

Bisous Bisous LLC v. The Cle Group, LLC – Represented Bisous Bisous, an award-winning bakery in Dallas, Texas, in a trademark infringement case asserted against The Cle Group, LLC. Fish won a preliminary injunction motion, and the parties later settled.