Joshua Schwartzman

Trademark Matters

• KetoNatural Pet Foods, Inc. v. Hill's Pet Nutrition, Inc., (a subsidiary of Colgate-Palmolive Co., et al.) (D. Kan.): Prevailed on motion to dismiss false advertising and civil conspiracy class action claims with prejudice for Hill's in lawsuit brought by grain-free dog food company KetoNatural seeking over US$2 billion in damages. Defending Hill's on appeal before the 10th Circuit
• Nike, Inc. v. StockX LLC, (S.D.N.Y.): Represented Nike in case involving trademark infringement, dilution and counterfeiting against StockX over sales of unauthorized Nike-branded NFTs and counterfeit goods resulting in summary judgment ruling on counterfeiting and a favorable settlement
• GOLO LLC v. Goli Nutrition Inc., (D. Del.): Represented Goli Nutrition in trademark infringement litigation; obtained jury trial with a verdict for Goli on non-infringement in under 30 minutes
• General Cigar Co. Inc. v. Empresa Cubana del Tabaco d/b/a Cubatabaco, (TTAB; E.D. Va.; 4th Cir.): Representing General Cigar in the longest running trademark action in the country stemming from cancellation proceeding over "COHIBA" trademark in connection with cigars involving issues related to the Cuban Embargo
• Nike v. S2, Inc. d/b/a The Shoe Surgeon, et al., (S.D.N.Y.): Represented Nike in a trademark infringement case involving well-known show customizer involving issues of first sale and fair use; obtaining favorable settlement for Nike
• N.T.A.A., Inc. v. Nordstrom, Inc. et al., (C.D. Cal.): Represented Nike in trademark infringement and unfair competition dispute, obtaining Rule 37 terminating sanctions against plaintiff for proof of discovery misconduct and significant attorneys' fee award
• Levatas, Inc. v. Barcodes, LLC, (S.D. Fl.): Represented Barcodes LLC in trademark infringement dispute, obtaining favorable settlement
• Empower Aesthetics LLC v. Empower Aesthetics TX, PA et al., (W.D. Tx.): Represented SCP MedSpa Services in trademark infringement dispute, obtaining favorable settlement
• Jones v. Nike, (S.D. Tx): Obtained summary judgment victory against plaintiff by proving that plaintiff's use of asserted "Ballin" trademark was insufficient to establish trademark rights
• Chicago Mercantile Exchange v. Intercontinental Exchange, (N.D.IL.): Defended Intercontinental Exchange (owner of the New York Stock Exchange) in a trademark infringement lawsuit filed by competitor seeking over US$1 billion in damages; trial conducted under pandemic circumstances, including completing a month-long hybrid remote/live trial
• Pena v. Miami Heat Limited Partnership, et. al., (S.D.N.Y.): Represented Nike in unfair competition suit concerning "Heat Culture" mark
• Yeti Coolers, LLC v. Home Depot U.S.A., Inc. et al., Civil Action No. 17-cv-00342, (W.D. Tex.): Defended Home Depot in a trade dress infringement case that resulted in a favorable settlement
• Tigercat Int'l v. Caterpillar Inc., (TTAB): Represented Tigercat in opposition proceeding relating to TIGERCAT mark
• Intercontinental Exchange Holdings, Inc. v. S&P Global Inc., (TTAB): Represented Intercontinental Exchange in enforcement of trademark rights related to "BRENT" for commodities

False Advertising Matters

• Nike, Inc. v. StockX LLC, (S.D.N.Y.): Represented Nike in false advertising claims against StockX concerning claims related to StockX's guarantee of "authenticity" for shoes sold on its platform
• GOLO LLC v. Goli Nutrition Inc., (D. Del.): Represented Goli Nutrition in false advertising dispute; prevailed in excluding GOLO's damages expert

Copyright Matters

• Dr. Seuss Enterprises v. ComicMix LLC et al., (9th Circuit): Obtained precedential reversal for Dr. Seuss Enterprises in copyright appeal relating to infringement of iconic Seuss works, including Oh The Places You'll Go, followed by consent judgment and permanent injunction on remand

Patent Litigation Matters

• Diogenes Ltd., v. DraftKings, Inc., (D. Del.): Represented Diogenes Ltd. in patent infringement claim involving use of patents relating to cashing out prior to the conclusion of a wagering event

Commercial Matters

• General Electric Co. v. L3Harris Technologies, Inc., (S.D.N.Y.): Represented General Electric in a declaratory action concerning ownership of IP addresses; prevailed on motion to transfer and to dismiss tort-counterclaims
• PaySys International, Inc. v. Atos SE, et al., (S.D.N.Y): Represented Atos and Worldline in copyright infringement, trade secret misappropriation, breach of contract, and related tort action concerning credit card and payment processing software; secured pre-trial dismissal of all 11 causes of action brought under federal, state and foreign law
• CeriFi LLC v. Globant S.A.: Represented Globant in a significant international commercial arbitration
• ConMed Corp. v. AB Medica S.A.S., (N.D.N.Y.): Represented ConMed in breach of contract dispute against AB Medica resulting in favorable settlement
• Certified Collectibles Group, Inc. et al. v. Globant LLC et al., (M.D. Fla.): Lead trial lawyer for Globant LLC and its parent entity in a commercial dispute, securing pretrial dismissal of eight causes of action brought under federal and state law