Successes

Alpine Securities Corporation, et al. v. Christopher Frankel

After a five-day federal jury trial, the jury awarded our clients $932,000.00 on their theft of trade secrets claims against a former CEO.

Pirate Water Taxi, LLC v. Tampa Water Taxi Company, LLC

We appealed an adverse ruling against our client in a domain name arbitration that required our client to transfer the domain, tampawatertaxi.com, to the opposing party. In the district court lawsuit, we demonstrated that the unregistered mark, Tampa Water Taxi, was geographically descriptive and had not acquired secondary meaning. As such, our client was permitted to retain the domain and use the mark in its advertising. We also obtained a judgment for our client’s costs against the defendant.

Incarcerated Entertainment, LLC v. Warner Bros. Pictures

We represented Efraim Diveroli’s publishing company against Warner Brothers relating to the movie War Dogs. Johah Hill played Diveroli in what was described as a true story. We sued for false advertising under the Lanham Act because our client was attempting to tell Diveroli’s true story and was pushed out of the market due to Warner’s misrepresentations about the truth of the movie. After obtaining a noteworthy order denying Warner Brothers’ motion to dismiss, which was covered by The Hollywood Reporter, we negotiated a settlement for our client.

• Incarcerated Entertainment, LLC v. Warner Bros. Pictures, Case No. 8:16-cv-1302-T-35AAS (M.D. Fla. 2017).

Feld Entertainment, Inc. v. Ritchie

We represented the recording artist Robert Ritchie, p/k/a Kid Rock. Feld owned trademark rights in the mark, “Greatest Show on Earth,” dating back to its operation of the Ringling Brothers Barnum & Bailey Circus. Feld sued Kid Rock for trademark infringement, trademark dilution, and related claims. The plaintiff immediately filed a motion for preliminary injunction with supporting survey evidence. We defended the motion, attacked the survey evidence, and convinced the court to deny the motion for an injunction, leading to a favorable settlement for our client.

Permanent Makeup by Mary v. Eclipse Aesthetics

Our client was a permanent makeup artist who discovered the distributor of a micro needling device using her before-and-after photographs in their marketing materials. We brought various claims under the Lanham Act Digital Millenium Copyright Act, and, after extensive discovery, negotiated a $500,000 settlement for our client.

Roberts v. Clickbooth.com, LLC, et al.

We defended an affiliate network in a class action case with more than $7 million at issue. After engaging in significant discovery and demonstrating that the plaintiffs could not certify a class against our client, we settled the case for a nominal amount.

Phase 5 Energy Ltd. v. Patton

We represented an energy company in an action against its former CEO and Chief Technology Officer for breach of fiduciary duty and related claims. We obtained a temporary injunction prohibiting the former officer from marketing the company’s technology overseas.

You Fit, Inc. v. Pleasanton Fitness, LLC

We represented the health club company You Fit and obtained a preliminary injunction against the defendants prohibiting them from operating a health club named “Fit U.”

• You Fit, Inc. v. Pleasanton Fitness, LLC, 2013 WL 521784 (M.D. Fla. Feb. 11, 2013)
• You Fit, Inc. v. Pleasanton Fitness, LLC, 2012 WL 7050985 (M.D. Fla. Oct. 31, 2012)