Kirkland & Ellis
Firm overview:
“Terrific firm” Kirkland & Ellis has argued bet-the-company matters up to the US Supreme Court and is known for acting on “cutting edge” and “the hardest trademark” cases. The trademarks group of “the world’s richest law firm” is recognised by peers for its “depth of clients” earning the trust of some of the biggest global brands including Nike, Apple, PepsiCo and Walt Disney. The full-service corporate firm has 21 offices globally, with 12 in the US. Clients seek the team’s knowledge 'when-situations-go-south' to advise on complex non-contentious matters to help avoid, or plan for, potential future litigation.
Team overview:
“Top trademark litigator” Dale Cendali (Outstanding, Contentious) helms the Copyright, Trademark, Internet & Advertising (CTIA) practice group, with a “very, very good team behind her”.
Alongside Cendali in New York is Claudia Ray (Recommended, Contentious), described by a peer as “a great lawyer”. Ray advises clients in pre-litigation matters and before the courts, including Delta Air Lines, shoe brand Converse and supermarket chain, Trader Joe’s.
Joshua Simmons (Recommended, Contentious and Non-Contentious) is a very highly regarded, nationally recognised appellate and trial court litigator. Also based in New York, Simmons is known for his high-profile IP, media, entertainment, and technology representations; and frequently speaks on emerging trends, and has authored numerous well-cited articles.
Cendali, Ray and Simmons are all named as WIPR Leaders for 2024.
Key matters:
- Kirkland & Ellis represents Eli Lilly in filing an opposition to a trademark application by Adonis Health for ‘Tirzappetite’.
- RiseandShine v PepsiCo
Rise Brewing Company brought a preliminary injunction to halt further sales of PepsiCo’s new ‘Mountain Dew Rise Energy’ drink under the ‘reverse confusion’ argument, that consumers would confuse the drink with Rise Brewing’s ‘Rise’. PepsiCo instructed Dale Cendali and Diana Torres to lead an appeal in the Second Circuit that concluded the District Court judgment made two errors: i) that ‘Rise’ was a weak mark, frequently used in connection with drinks alluding to an increase in energy and waking up; and ii) that the products were similar, concluding that the only similarity was the word ‘rise’ which in the context was a shared use of an ordinary word. PepsiCo successfully reversed the initial injunction.
Clients:
Apple, AECOM, Cleveland Guardians Baseball Company, Constellation Brands, Delta Air Lines, Dick’s Sporting Goods, Epic Games, Hello Products, Lucky Brand, Nike, PepsiCo, Take-Two Interactive Software, JK Rowling, Walt Disney.
