Negotiating Licensing Strategies
Representing Serta, the Quarles & Brady trademark team helped create and develop the Vera Wang and Trump mattress brands by negotiating licenses for the fashion designer’s and real estate tycoon’s names and trademarks. The brands helped launch Serta’s return to key high-end retailers, one of their targeted markets. We continue to work with Serta and Trump to help grow and enhance the brands, to position them in the marketplace, and to police advertising of the brands by Serta retailers. Serta’s licensing strategy has helped propel the company to number-one mattress manufacturer in America.
Leveraging Brand Strength
On behalf of a leading hardware manufacturer, the Quarles & Brady trademark team negotiated an exclusive sales agreement with a major big box retailer. The deal leveraged our client’s significant brand strength in its product category into numerous brand extensions that multiplied its business at a time when the rest of its industry struggled.
Positioning Clients for Success
For a major food manufacturer, the Quarles & Brady trademark team helped to promote their C-Store and retail brands through successful sweepstakes, contests, and loyalty programs, and have worked with this client to structure a wide range of other coupons, rebates, and promotional offers.
Trademark Victory on Appeal – Kos Pharmaceuticals v. Andrx Corp., 369 F.3d 700 (3d Cir. 2004)
Representing Kos Pharmaceuticals, a publicly traded drug company, Rick successfully enforced Kos's well-known trademark ADVICOR against infringement by Andrx's ALTOCOR mark. Rick won a landmark victory on appeal, with the U.S. Court of Appeals directing the trial court to issue a preliminary injunction on an expedited basis. Andrx was forced to settle, to change the name of its drug, and to pay Kos $6 million.
To Infinity and Beyond – Nuveen Investments, Inc. v. CDC IXIS Asset Management North America, 03 C 3988 (N.D. Ill.)
In this preliminary injunction action for infringement of our client's registered infinity symbol trademark, Rick negotiated a settlement with the defendant agreeing to restrict its use of the infringing mark.
Protecting Client Against Unfair Competition – Peter Mangone, Inc. v. Jayco Ventures, 02-B-1105 (D. Colo.)
On behalf of industrial products manufacturer Peter Mangone, Inc., Rick brought a preliminary injunction action for trademark infringement, trade dress (product configuration) infringement and unfair competition. Following a hearing on the Motion for Preliminary Injunction, the case settled with the defendant agreeing to discontinue use of the distinctive features of Peter Mangone's industrial products.
Representing Serta, the leading mattress manufacturer in the United States, Rick brought an action for patent and trademark infringement against one of its biggest competitors. The action was settled when the defendant agreed to stop infringing and to pay Serta $4.25 million.
Rick won preliminary injunctions against use of the STIR CRAZY trademark by two yet-to-open restaurants in Chicago.
Voluntary Hospitals of America
Rick successfully challenged Dr. Art Ulene's "Feeling Fine" program for infringement of VHA'S "COUNTDOWN USA" trademark.
Rick represented the manufacturer of BEANIE BABIES in numerous trademark infringement actions, including in oral argument before the Seventh Circuit Court of Appeals.