Obtained a preliminary injunction, which was affirmed on appeal, enjoining CVS's sale of decoded gray market DAVIDOFF COOL WATER fragrances, as well as counterfeits, based upon a holding that the removal of a serial number used for anti-counterfeiting and quality control purposes from gray market products was a "material difference" under the trademark laws even though consumers have no appreciation of the importance of the code. The decision is an important one to brand owners who seek to control counterfeiting by employing anti-counterfeiting devices and policing their channels of distribution.

Zino Davidoff S.A. v. CVS Corp., No. 06 CV 15332 (KMK), 2007 WL 1933932 (S.D.N.Y. July 2, 2007), aff'd, 571 F.3d 238 (2d Cir. June 19, 2009).

Experience Center

Match our Experience to Your Needs

Experience Highlights

Catastrophic injury litigation
Successfully represented the widow and teenaged daughter of a man killed three days after Christmas by a drunk driver on an interstate.  The victim more
Headquarters lease negotiations for Nestlé Waters North America, Inc.
Represented Nestlé Waters North America, Inc. in the negotiation of lease for 165,000 square foot headquarter office facility in Stamford, more
Antitrust and business tort litigation for a large maker of electronic test, measurement and monitoring equipment
Successfully represented a large maker of electronic test, measurement and monitoring equipment in an antitrust and business tort action in the more
Unfair competition actions on behalf of major bottled water company
Represented a major bottled water company in unfair competition actions relative to advertising claims. more