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 November 18, Darian Butcher will co-chair the Massachusetts Bar Association (MBA) webinar, "Current State of Business/Commercial Litigation in the Superior Courts During the COVID-19 Pandemic."
Day Pitney Partner Joy Harmon Sperling will present on a panel entitled "How to Navigate Debt Collection Restrictions, Manage Liquidity Challenges, and Reconcile Opposing Demands from Consumers and Investors as a Servicer," at the 27th American Conference Institute National Forum on Residential Mortgage Regulatory Enforcement and Litigation.
James Rotondo and Andrew Ammirati co-authored the article, "Ohio: 'Control' determines whether Amazon is subject to strict liability," for Westlaw Today.
On September 29, Christopher Droney and Chase Rogers provided appellate advice to the Appellate Advocacy Section of the Connecticut Bar Association. Judge Droney (ret.) and Justice Rogers (ret.) shared insights on the differences between state and federal appellate practice from their unique perspectives as former appellate jurists who are now in private practice.
Day Pitney Attorneys Alfred Marks and Michael Lane co-authored an article, "Spokeo, Inc. v. Robins: An Underutilized Defense Against Claims Brought Under Federal Consumer Finance Statutes," for The Banking Law Journal.
Judge Christopher Droney was quoted in the Connecticut Law Tribune article, "What Are Some ADR Trends Since COVID-19?"
Day Pitney Press Release
Adam Myron, senior counsel resident in Day Pitney's West Palm Beach office, is running for judge in south Florida.
Day Pitney Press Release
On September 10, Day Pitney LLP and Partner Jeffrey Mueller were featured in an article, "Wrestlers Sued the WWE, but Their Lawyer Misbehaved, Facing $500K in Sanctions," published by the Connecticut Law Tribune.