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."
On April 25, Boston attorneys Bill Pezzoni, Jared Ross and Justin Hannan will present on "Understanding Opportunity Zones: Investor Benefits," a program hosted by the Marlborough Economic Development Corporation (MEDC) in conjunction with the City of Marlborough, MA and Day Pitney LLP.
Keith Bensten authored a case comment, "MA District Court Declares the MA Wiretap Statute Unconstitutional Insofar as it Prohibits Recording of Government Officials Performing Their Duties in Public Space," published in the Winter 2019 edition of the Federal Bar Association Massachusetts Chapter Newsletter.
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On March 11, Paul Williams presented at the Connecticut Defense Lawyers Association (CDLA) seminar, "Titans of the Defense," where he discussed tips, strategies and lessons learned from his trial experience.
Elizabeth Sher, chair of the firm's Complex Commercial Litigation business unit, served as co-editor of the 2019 edition of New Jersey Federal Civil Procedure, the leading treatise on federal practice in New Jersey, published by ALM.
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Gary Betensky and Michael Napoleone were featured in a profile, "Day Pitney LLP: Firm Expands to Better Serve South Florida Clients," published in the March issue of The Boca Raton Observer magazine.
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Day Pitney's representation of Walmart is noted in a Law360 article, entitled "Walmart Wins At NJ High Court In Fight Over Medical Terms."
Jonathan Tropp will discuss the recent Federal Circuit chip technology patent case, Power Integrations, Inc. v. Fairchild Semiconductor International, at the 35th Annual Joint Patent Practice Seminar in New York, NY.