Glaser, Weil, Fink, Jacobs, Howard, Avchen & Shapiro, LLP

Representative Matters:
Trademark & Trade Dress Litigation


  • Won a directed verdict for defendant Mattel at the close of the plaintiff’s case, in a trademark infringement trial involving Mattel’s Pearl Beach BARBIE doll line, and won the appeal to the Ninth Circuit.

  • Achieved a substantial payment for plaintiff K-Swiss, as well as a consent decree and worldwide permanent injunction, on the eve of a five-week jury trial against Payless ShoeSource for multiple counts of infringement of K-Swiss’ five-stripe and toe box trademarks and Classic trade dress.

  • Achieved dismissal of a competitor’s trade dress claims against Nike on its AIR JORDAN basketball shoes.

  • Achieved a favorable settlement for K-Swiss in a dispute over Victorinox/Swiss Army’s use of “Swiss” on sportswear and accessories.

  • Achieved a favorable settlement for defendant Borland in a dispute over Borland’s use of its DELPHI trademark on software.

  • Won a jury verdict of several million dollars, a permanent injunction and attorneys’ fees for plaintiff Mattel after a jury trial against a maker of toy cars who infringed Mattel’s HOT WHEELS trade dress.

  • Won a defense victory for defendant Nike in its landmark trademark case against Adidas over Nike's right to use two stripes on athletic apparel; Adidas filed a broad “covenant not to sue” releasing Nike from all past trademark claims and its own infringement counterclaims and committing not to sue Nike over any two-striped athletic apparel or shoes throughout the United States.

  • Achieved a permanent injunction and damages for Red Bull against the maker and distributor of Arctic Bull energy drinks in a dispute over use of a mark confusingly similar to the RED BULL mark and trade dress.

  • Achieved a permanent injunction and damages for Red Bull against a maker and distributor of Buzz Bites energy candy in a dispute over use of the RED BULL mark and trade dress in alleged comparative advertising.

  • Successfully enforced famous HARLEY-DAVIDSON Bar & Shield mark against competitor in the insurance industry.

  • Achieved injunction and substantial compensation on the eve of trial against competitor in the plush toy industry violating the trade dress of client’s core product line.

  • Successfully enforced trademark rights of Prudential Insurance Company of America, Red Bull and Mattel against dozens of alleged infringers through cease and desist letters, carefully negotiated settlement agreements and take down notices.