Phillips Nizer

Firm overview:

Full-service, mid-sized firm Phillips Nizer represents US and international corporations, governments, associations, and individuals on trademark and copyright registration, protection and infringement resolution matters. Operating from offices in New York, New Jersey and Geneva, the team often advises on domestic and cross-border transactions and as litigation counsel.

Phillips Nizer has a long-established fashion industry practice having represented garment manufacturers and fashion trade associations long before the onset of “fashion law”. Its fashion clients include domestic and foreign manufacturers, retailers and designers of apparel, accessories, leather goods, eyewear, jewellery and watches, fragrances, cosmetics and children’s products.

Team overview:

Charles LaPolla chairs the trademark practice at Phillips Nizer in the New York office. LaPolla represents clients in US and international trademark law in the entertainment, fashion, cosmetics and jewelry industries. His practice covers prosecution, proceedings before the Trademark Trial and Appeal Board (TTAB) and trademark litigation. An international client reports a satisfying long-term relationship with LaPolla, citing: “We have always had cost certainty, responsiveness and understanding of our team’s and clients’ trademark culture and how to make that match with US rules and practice.”

Fellow New Yorker and trained mediator, Alan Behr has over 30 years of experience in trademark licensing and trademark adversarial proceedings in areas including fashion, video games and alcoholic beverages. Says a client: “Alan Behr’s expertise, persistence and knowledge of the USPTO, as well as the entertainment industry, really shone through and helped push our trademarks through to have the most optimal protection possible.” A dual US-German national, Behr heads the German desk and chairs the firm’s Fashion practice. He hosts an annual fashion industry gathering and is the author of a fashion blog and a fashion law book.

Key matters:

• Quinteros v InnoGames (Federal District Court for the Western District of the State of Washington). Alan Behr, Judith Swartz and Karr Washington successfully represented InnoGames, the publisher of the international hit Forge of Empires, in the dismissal of a lawsuit for a large damages claim by a player alleging wrongdoings, including claims based on intellectual property and personal rights.
• Charles LaPolla represented Ulma C Y E, S. Coop, a concrete form maker in the construction industry, in opposition proceedings before the TTAB against rival SG Concrete Technologies’ filing of the mark ‘Megaform’. The proceedings were abandoned after an inter partes decision.

Clients:

Six Flags Entertainment, Rosy Blue Jewelry, International Intimates, Ottomanelli Bros., Roberto Coin, Trammo, HOMMA Masaaki d/b/a Mastermind, InnoGames, Zero to Three National Center for Infants, Toddlers and Families.