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Rose Auslander

Rose Auslander



Illustrative Matters

Handled disputes and transactions concerning marks for services and products ranging from hedge fund management and computer software to boxer shorts; and trade dress and copyright rights for products as diverse as vodka and toy helicopters. She has litigated trade dress, trademark and copyright actions for Fortune 500 companies, as well as clients from around the world: 
  • Upon the instructions of the lead Jamaican attorneys for Usain Bolt, the six-time Olympic Gold Medalist known as the “world’s fastest human,” successfully stopped the infringement of the BOLT name and Lightning Bolt logo by Design Culture, Inc., shutting down its infringing electronic game, app, Facebook page, and Twitter feed, and obtaining payment of damages.
  • Represented Citadel Capital SAE of Egypt, successfully mediating settlement of international trademark dispute with Citadel LLC of Chicago, Illinois.
  • Assisted RJ Softwares of Kolkata, India in negotiating a settlement of the U.S. federal litigation brought by toy manufacturer Hasbro Inc. of Pawtucket, Rhode Island, USA against our clients’ SCRABULOUS Internet social networking game, which, in its heyday (according to Digital Media), “boasted an astonishing half-million daily users on Facebook.” As The New York Times reported on December 16, 2008: “Thanks to this agreement, neither Hasbro nor Scrabulous’ developers, RJ Software, have to face a long and expensive legal battle, and RJ Software can still offer Wordscraper and Lexulous.”
  • Represented Marvel Characters, Inc. in achieving amicable resolution of a lawsuit with Terry Bollea over use of the marks HULK HOGAN, HULKAMANIA, HULKSTER. HOLLYWOOD HOGAN and HOLLYWOOD HULK HOGAN.
  • Assisted the world's premier music video game developer Harmonix Music Systems, as an independent legal consultant in the development of Dance Central II, and assisted MTV in the development of Dance Central I.
  • For client Woolmark Americas, Inc., successfully stopped Garment Group Inc. from infringement of the famous WOOLMARK certification mark. 
  • Represented the plaintiff in TT Sounds Good AB v. Tommy Lee, MCA Records, Inc., and Universal Music & Video Distribution, Inc., a “reverse” trademark infringement and dilution case in the United States District Court for the Southern District of New York concerning the mark METHODS OF MAYHEM, which was amicably resolved.
  • Represented Cosmos European Travels AG in its successful arbitration for the domain name cosmos.com and won summary judgment in the District Court appeal of that decision.
  • Obtained an order for Honeywell International Inc. enforcing a trademark settlement in litigation against Notiplex Securite Incendie, Inc., in the United States District Court for the District of Connecticut.
  • Represented GfK US Holdings, Inc. against Affinity LLC in the United States District Court for the Southern District of New York , and stopped Affinity’s use of ADNORMS and VISTA AD NORMS.
  • For the JRR Tolkien Estate, stopped distribution of storybooks that infringed the Lord of the Rings books, and had the infringing books destroyed.
  • Assisted the International Organization for Standardization (ISO) in stopping domain name, trademark and copyright infringement by Tobias Hanzl/All Solutions Inc. and Forms n More, and obtaining transfer to our client of dozens of infringing domain names.
  • For client Surfer Girl International Pty Ltd, negotiated a complex U.S. trademark license agreement.
  • Represented MTS IntegraTRAK, Inc. in successful motion for more definite statement of copyright claim and for dismissal of Georgia Uniform Deceptive Trade Practices Act claim, followed by successful offer of judgment.
  • On behalf of Sun Pharmaceuticals, Inc., required a web site to take down infringing material and post apology for offering an invalid BANANA BOAT promotion.
  • For NOP World Ltd., stopped the infringing use of NOP at NationalOpinionPanel.com -- as well as unrelated use of ADVOCACY and ADVOCACY MULTIPLIER by Intrepid consultant Ltd.
  • On behalf of The Beadniks Group, Inc., successfully required shut down of web site that was infringing on the mark BEADNIKS.
  • Successfully defended Sixty, Inc. and Seize S.A. in the United States District Court for the Southern District of New York, from claims that their watch design infringed and diluted TechnoMarine’s TechnoDiamond watch.
  • Successfully challenged the infringement of copyrighted works and obtained a substantial licensing fee for Allison-Fisher International LLC.
  • Successfully represented Stephen Webster in an appeal in the United States Copyright Office, obtaining copyright registration for its signature CRYSTAL HAZE jewelry line.
  • Obtained registration of the color “bright green” for super-human action figures on behalf of client Marvel Characters, Inc.
  • Represented Spectel Group Ltd. in its successful opposition before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office against an application to register SPECTEL LLC and Design, which application is now abandoned.
  • Negotiated a comprehensive co-existence agreement between a major records label and Experience Music Project- a museum designed by architect Frank Gehri and backed by Microsoft co-founder Paul Allen- achieving agreement in principle in time for the museum’s nationally publicized June 2000 opening.
  • In the Spring of 2000, assisted Internet-related client Webfaze, Inc. in its successful acquisition of the domain name webphase.com.
  • In Lane Capital Management, Inc. (1999), successfully represented the plaintiff in its motion for summary judgment in the United States District Court for the Southern District of New York, and successfully argued the Second Circuit appeal. Central to the Lane case was the test for determining when a mark is “primarily merely a surname” – an issue of first impression in the Second Circuit.
  • Represented the Carvel Corporation in its victory at trial before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office in 1999, prevailing against a former licensee’s attempt to register the mark The Ice Cream Bakery.
  • Was a member of the team that successfully defended Jim Henson Productions against Hormel Food Corporation’s well-publicized claims that SPA’AM, a wild boar Muppet in the movie Muppet Treasure Island, tarnished Hormel’s mark SPAM. The team was victorious in the United States District Court for the Southern District of New York (1995) and the Second Circuit (1996) on cutting edge issues of dilution and First Amendment law.
  • Drafted the successful preliminary injunction briefs in Carillon Importers Ltd. v. The Frank Pesce Group, Inc. (1996), a case brought in the United States District Court for the Southern District of Florida to halt the use of a trade dress that was confusingly similar to that of Stolichnaya Cristall vodka.

Education

  • B.A., 1989 The City University of New York (magna cum laude)
  • J.D., 1992 New York University School of Law (magna cum laude; Articles Editor, New York University Law Review; Order of the Coif; Morton Geller Award; American Jurisprudence Prize for Civil Procedure)

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