29 August 2023Features

Gibson Dunn & Crutcher - US Trademark Rankings 2023

Firm Overview:

Gibson Dunn & Crutcher is a full-service firm with ten offices across the US and a further ten worldwide. The Intellectual Property Practice Group provides full trademark services to clients including household names, from prosecution through to litigation in federal and state courts. Gibson Dunn took over a case for Louis Vuitton against plaintiff My Other Bag (MOB). Louis Vuitton lost the matter and hired Gibson Dunn to defend against MOB’s claim for $1 million in attorney fees. The Southern District Court of New York held in favour of Louis Vuitton, as Gibson Dunn succeeded in arguing the claims were not frivolous or unreasonable to merit fees under the Lanham Act.

Team Overview:

Howard Hogan is “a rising star in the US trademark world”. Hogan handles complex cases up to the US Court of Appeal. His practice includes acting for luxury brands Gucci, Balenciaga and Tiffany & Co in trademark infringement matters against online sellers of counterfeit goods. Hogan has successfully settled two matters on behalf of American Airlines against Google and Yahoo regarding the search engines’ use of the client’s trademarks in advertising programmes. Hogan is chair of the firm’s Fashion, Retail and Consumer Products Group, writes extensively on IP matters as a thought leader, and is chair of the US Subcommittee of INTA Legislation Regulation Committee.

Key Matter:

  • Retained by Oculus VR post-trial, Gibson Dunn successfully argued for a large reduction of a verdict against Oculus. ZeniMax Media had won a $500 million jury verdict against Facebook and its subsidiary Oculus in the Northern District of Texas related to its Oculus Rift virtual reality gaming system. 
  • The court granted Gibson Dunn’s motion, cutting the damages award in half and denying plaintiff’s request for a nationwide injunction against the sale of Oculus VR headsets. 
  • Additionally, the court entered judgment for Oculus on the Lanham Act claim, reversing the jury finding; and found that ZeniMax had engaged in discovery misconduct, imposing a substantial monetary sanction. While Gibson Dunn was preparing the client’s appeal on the remaining issues, the parties reached a confidential resolution.

Clients:

Alexandra Real Estate Entities, American Airlines, A Shoc Beverage, Balenciaga, CytoSport, Gucci America, Kimberley-Clark, Louis Vuitton Malletier, Oculus VR, Tiffany & Co., University of Southern California.