Amster Rothstein & Ebenstein

Firm overview:

Boutique IP firm Amster Rothstein & Ebenstein is “held in high regard” by peers. The New York practice offers a comprehensive approach encompassing all aspects of trademark protection to defend brands from infringement, dilution and counterfeiters. Amster Rothstein navigates the US Patent and Trademark Office and the Trademark Trial and Appeal Board for cross-industry clients including NES Jewelry, e.l.f Cosmetics and Children’s Apparel Network.

Team overview:

Partner Douglas Miro (Recommended, Contentious) is described as “a very good attorney” by one peer and has deep technical and legal expertise to offer clients. Miro authors articles on cutting-edge IP topics and has litigated cases in district and appellate courts across the US.

Richard Mandaro’s practice extends from patents, based on his electrical engineering background, to copyright and trademark cases. Notable matters he has been involved with include Vans v Walmart, Macy’s IP Holdings v Aroma360, and Benefit Cosmetics v e.l.f. Cosmetics.

Key matters:

• Benefit Cosmetics v E.L.F. Cosmetics (3:23-cv-00861) District Court, N.D. California
  An Amster Rothstein & Ebenstein team represented e.l.f. Cosmetics in defending allegations by Benefit Cosmetics in the Northern District of California of trademark infringement, trade dress infringement, false designation of origin, unfair competition and the likelihood of confusing or misleading the public.
  
  The allegations related to a rival product San Francisco based Benefit Cosmetics  Roller Lash Mascara and the “Hook ‘n’ Roll” trademark.
  
  The trial began on August 26, 2024 with commentators suggesting the outcome could impact on the phenomenon of less expensive “dupes” in the cosmetics industry.
  
  The Amster Rothstein & Ebenstein team was led by Anthony Francis Lo Cicero with Chester Rothstein, Christopher Lisiewski and Richard Mandaro. Stephen Cory Steinberg at Bartko in San Francisco also represented the defendant.  A Reed Smith team represented LVMH Moët Hennessy Louis Vuitton subsidiary, Benefit Cosmetics, including lead lawyer Adaline Hilgard, with Quynh La and Seth Benjamin Herring.
• Anthony Lo Cicero of Amster Rothstein has filed a number of oppositions on behalf of Bagi Professional Cleaning Products to protect its marks ‘BAGI’ and ‘SHUMANIT’ against wholesale retailer Five Star Supply.
• Douglas Miro represents NES Jewelry in an ex parte appeal related to the mark ‘CRYSTAL ENERGY’ before the Trademark Trial and Appeal Board.

Clients:

Bagi Professional Cleaning Products, Children’s Apparel Network, e.l.f. Cosmetics, NES Jewelry, Seatriever International, Shantanu, Trinity College London.