Case Studies +
Saving Clients Time and Money
Alternate Dispute Resolution (ADR) saves global hedge fund millions of dollars in potential litigation costs.
An overseas hedge fund opened an office in New York. An existing NY financial firm with a similar name sued the firm claiming that they had the sole right to use the name. Representing the overseas firm, our research uncovered a similar claim against another U.S. financial services company that the plaintiff had lost. Based on our expertise in international trademark rights, we advised our client to institute a global trademark program and used our expertise in ADR to arrive at a positive outcome for our client.
A Fortune 500 company repeatedly dogged by cybersquatters.
Our client’s trademark was repeatedly being used by an unauthorized third party in a domain name. As part of the normal procedure in such cases, we filed complaints with the World Intellectual Property Organization (WIPO). This did not deter the squatter. To help the client avoid the ongoing costs and time-consuming exercise of more WIPO complaints, we recommended that a complaint be filed under the Anticybersquatting Consumer Protection Act (ACCPA). Our client’s favorable settlement resulted in a forfeiture by the squatter of all related domain names, an agreement not to use the name, and a six-figure settlement to be paid to our client covering attorney costs and time spent on pursuing unlawful online practices by the infringing party.
Federal Insurance Coverage litigation case saves client millions.
An industrial Superfund site incurred millions in cleanup costs for groundwater contamination. The plant owners submitted a claim to their insurer, who was our client, to defend and indemnify them against the underlying claim. We prepared a comprehensive insurance analysis and strategic case evaluation, and managed all aspects of the coverage case's progress through court. We conducted discovery, reviewed tens of thousands of pages of documents, and took several depositions. After devising and executing a multi-pronged defense strategy, we won summary judgment on several grounds. The coverage claim was defeated, saving our client up to $14 million in policy exposure. There was no appeal by our opponent, and no settlement costs were expended by our client.
A medical informatics company operates in a highly regulated and litigious industry facing dramatic change.
Our software developer client faces issues not seen by most in the industry. There are a myriad of contract licensing issues to be negotiated and resolved on an ongoing basis including indemnification, privacy issues and creation and protection of derivative works. All of their procedures and processes must be accelerated in light of the Health Reform Act that requires recipients of Medicare to have online medical records. We are partners with this firm in advising them about the copyright issues, as well as the extent of their liabilities vis a vis licensees, and ultimately health care providers and their patients.
Legal framework established for new country domain registry for a social networking site.
The government of Saipan awarded our client a country domain name for the development of a social networking site. Since the site would be used as a personal interface with other social networking sites like Facebook, Linkedin and myspace, Partridge Partners was selected based on our previous experience with domain name registry. Our expertise and advice in the realm of internet law allowed the company to avoid the complex problems faced by online internet businesses such as privacy, conditions of use, content ownership and digital media rights.
Reputation and brand damage avoided after fraud in Internet Sweepstakes contest.
As part of their corporate social responsibility program, our client decided to donate a high value piece of capital equipment to a community organization. It was decided to hold a contest and award the equipment as a prize with the winner determined by online voting. It was brought to the client’s attention by the marketing firm running the contest that voting irregularities were noted. We were called in to advise our clients on how to deal with the matter. We brought in a forensic computer expert who determined that robo-voting had taken place in violation of contest rules. We then examined the liabilities related to the contest and rules violations. Not only was a public relations fiasco avoided for our client, but they were able to assure themselves that the rightful party would be awarded the prize and were protected against any claims to the contrary.
Intellectual Property audit performed for online educational services company.
An audit of the intellectual property of one of the largest private tutoring companies in the country revealed unregistered trademarks and trade secrets in embedded technologies. We formulated opinions and advised the company on the most cost-efficient and timely strategy for protecting and exploiting their assets.
Trademarks and Copyrights
A global Fortune 100 company seeks maximum value for its trademarks and brands.
As the result of a large corporate merger, a company seeks to understand the value of its brands and trademarks around the world. We worked closely with a financial team and investment bankers around the world to protect our client’s brands during the merger process. Our advice was key in determining which trademarks and brands should be maintained as brands when operations were merged. Maximum value is obtained for assets put on the auction block.
Trademark Co-existence Agreement negotiated.
Our client, a food company, was faced with another company in a related segment of its industry using its trademark. We were able to negotiate on behalf our client an agreement whereby the description of the trademark would be altered slightly in a Trademark Co-existence Agreement thus saving our client the cost of expensive and protracted litigation with a much larger company.
U.S. Customs and Border Patrol to the rescue.
A large U.S. manufacturer of cheese, wine and olive oil discovered that a European company was infringing on its trademark with wine and olive oil imported from Italy. In addition to successfully enforcing a Certificate of Registration of a federal trademark, we took things a step further. We immediately filed the Certificate with the U.S. Customs service securing the client an enhanced power of seizure. By working with the U.S. Customs and Border Patrol we were able to expand the scope of rights and prevent illegal importation of the products in question thus saving our clients the time and expense of monitoring the infringement themselves.