Obtained a preliminary injunction, which was affirmed on appeal, enjoining CVS's sale of decoded gray market DAVIDOFF COOL WATER fragrances, as well as counterfeits, based upon a holding that the removal of a serial number used for anti-counterfeiting and quality control purposes from gray market products was a "material difference" under the trademark laws even though consumers have no appreciation of the importance of the code. The decision is an important one to brand owners who seek to control counterfeiting by employing anti-counterfeiting devices and policing their channels of distribution. Zino Davidoff S.A. v. CVS Corp., No. 06 CV 15332 (KMK), 2007 WL 1933932 (S.D.N.Y. July 2, 2007), aff'd, 571 F.3d 238 (2d Cir. June 19, 2009).

Experience Center

Match our Experience to Your Needs

Experience Highlights

Breach of fiduciary duty claims for directors and officers of a senior living facility
Represented directors and officers of a publicly traded company managing senior living facilities in a derivative action asserted by minority more
Assisted real estate developer in the assemblage and acquisition of a downtown Raleigh site for future urban high-rise mixed use project
Assisted real estate developer in the acquisition of a site in downtown Raleigh that will one day be home to an urban mixed use public-private more
Conducted an internal investigation in Mexico
Conducted an internal investigation into alleged FCPA issues, conflict of interest and code of conduct violations in Mexico for a public company. more
Construction arbitration for Florida construction company
Represented a Florida construction company, specializing in contracting and construction management services, in disputes arising from the more