DLA Piper - US Trademark Rankings 2023
Firm Overview:
DLA Piper has 120+ trademark professionals helping some of the world’s leading companies to enforce their rights and fend off third party claims. The firm is recognised for acting on significant cases for an impressive and large roster of clients such as Nike and the New York Stock Exchange, although inevitably the bigger firms attract a variety of responses.
Team Overview:
US chair of the Trademark, Copyright and Media Group Tamar Duvdevani is lead counsel for Nike in trademark infringement and dilution claims against online sneaker marketplace, StockX, over sales of unauthorised Nike-branded NFTs. Tom Zutic, chair of the firm’s Washington, DC Trademark, Copyright, and Media Group counsels clients on intellectual property matters, particularly on trademarks and enforcement.
Key Matter:
- Nike v StockX Case-22-cv-983. DLA Piper represents Nike at the District Court of the Southern District of New York in a case that will determine how third parties can use established brands’ trademarks in their own NFTs and how courts treat NFTs—as products themselves (Nike’s position) or as receipts for physical products (StockX’s position).
- StockX sells NFTs that represent ownership of physical goods (like sneakers) that are stored in StockX’s “vault”. StockX minted and sold NFTs of shoes having Nike’s famous trademarks which represent ownership of Nike shoes in its vault. Nike sued StockX for trademark infringement and related claims.
- Chicago Mercantile Exchange v Intercontinental Exchange (N.D. IL). DLA Piper defended Intercontinental Exchange (owner of the New York Stock Exchange) in a trademark infringement lawsuit filed by a competitor exchange seeking over $1 billion in damages.
- AVELA v The Estate of Marilyn Monroe. DLA Piper represented the Estate of Marilyn Monroe in a high-profile trademark infringement and false endorsement litigation pending in the Southern District of New York.
- DLA Piper’s all-women trial team was set to argue on the single open issue of confusion following a win for the Estate on a “bet the company” summary judgment motion finding that The Estate, ultimately owned by Authentic Brands Group, has the right to assert ownership of Marilyn Monroe-related intellectual property against infringers, despite the fact that Marilyn Monroe passed away in New York and thus has no post-mortem publicity rights. The case settled on the eve of the trial.
Clients:
Intercontinental Exchange, Dollar Shave Club, Harley Davidson, Nike, Rakuten, The Estate of Marilyn Monroe.
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