No Jury For TM Claims Over Disgorged Profits, Says 11th Circ.

Publisher: Day Pitney Press Release

April 24, 2019

Day Pitney successfully defended firm client Anastasia Beverly Hills, a manufacturer of high-end cosmetics in a federal trademark infringement case. In a precedential decision, the U.S. Eleventh Circuit Court of Appeals ruled that plaintiff, cosmetic maker Hard Candy, was not entitled to a jury trial on a trademark claim that sought only Anastasia's profits on the sale of a competing product. The court additionally affirmed the trial court's finding that Anastasia's use of the phase "Hard Candy" as the name of a shade of makeup was not trademark infringement. Miami partner Mark Romance, who joined the firm through our merger with Richman Greer, handled the matter. The decision affirms a verdict from a non-jury trial in February 2018, argued by Romance and West Palm Beach associate Nathaniel Edenfield, who worked alongside co-counsel from Pirkey Barber PLLC.

The appeal was covered by Law360 in "No Jury For TM Claims Over Disgorged Profits, Says 11th Circ."

September 30, 2021

Judge Christopher F. Droney (ret.) authored the article, "Preparation is Key: A Successful Moot Session is Vital for Appellate Arguments," for the "Best Practices" column of the Connecticut Law Tribune.

The Delaware Supreme Court Adopts a Universal Demand-Futility Test in Facebook Investors' Derivative Suit

September 27, 2021

Day Pitney Alert

Tips for Effective Appellate Arguments

May 21, 2021

Judge Christopher Droney (ret.) authored the article, "Tips for Effective Appellate Arguments," for the "Expert Opinion" column of the Connecticut Law Tribune.

Revisiting the Relatedness Standard: The Supreme Court’s Decision in Ford Motor Co. v. Montana Eighth Judicial District Court Refines the Standard for Specific Jurisdiction and Leaves Unanswered Questions

March 29, 2021

Day Pitney Alert

Shouting FIRE! (or Worse) on Social Media: The Interplay of the First Amendment and Government Involvement in Efforts to Limit or Remove Social Media Content

March 29, 2021

Partners Kevin J. Duffy and Richard H. Brown authored the article, "Shouting FIRE! (or Worse) on Social Media: The Interplay of the First Amendment and Government Involvement in Efforts to Limit or Remove Social Media Content," which was published in the Intellectual Property & Technology Law Journal.

Gary S. Betensky Elected as Chair of the Palm Beach County Environmental Control Hearing Board

October 13, 2021

Florida Partner Gary S. Betensky has been elected by the board members of the Palm Beach County Environmental Control Hearing Board to serve as chair, effective immediately.

Bannon's Subpoena Snub Sets Up Big Decision for Biden DOJ

October 11, 2021

Day Pitney Counsel Steven A. Cash was quoted by The Hill, discussing how former Trump White House strategist Stephen Bannon's choice to buck a subpoena from the House committee investigating the Jan. 6 attack on the Capitol could tee up a big decision for a Justice Department determined to strike an independent tone.

Paul Williams Recognized as a Benchmark Litigation Star by Benchmark Litigation

October 5, 2021

Partner Paul D. Williams has been recognized as a Benchmark Litigation Star in the Benchmark Litigation 2022 Guide. According to Benchmark Litigation, Williams has been identified as one of the preeminent litigation practitioners in the U.S.

Kritika Bharadwaj, Benjamin Haglund, Theresa Kelly, Naju Lathia and Elizabeth Sher Represent Firm at SABA-NJ 2021 Annual Gala

October 1, 2021

Attorneys Kritika Bharadwaj, Benjamin E. Haglund, Theresa A. Kelly, Naju R. Lathia and Elizabeth J. Sher represented the firm at the South Asian Bar Association of New Jersey (SABA-NJ) 2021 Annual Gala on October 1 at The Marigold in Somerset, NJ.

Law Journal Announces New Jersey Legal Awards Winners, Finalists

September 23, 2021

Kevin Duffy and Naju Lathia were honored at the New Jersey Legal Awards Ceremony on September 23, at the Brooklake Country Club in Florham Park, NJ.