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.
Injunction Against Trademark Infringement – Centiv Inc. v. Incentiv Systems, Inc., 02 C 7316 (N.D. Ill.)
Representing marketing services company Centiv Inc., Rick brought a preliminary injunction action against Boston-based Incentiv Systems for trademark infringement. The case settled prior to the hearing on preliminary injunction with the defendant agreeing to change its name.
Getting a Good Grip – Estwing Manufacturing Co. v. V. Vaughan & Bushnell Manufacturing Co., 02 C 4406 (N.D. Ill.)
Rick brought an action for infringement of our client's registered blue grip trademark by Vaughan & Bushnell, a competing manufacturer of hammers. The case settled with Vaughan & Bushnell agreeing to modify its product to obliterate the offending trademark.
A Lawsuit for Sears – GNB v. Sears, 97 C 2428 (N.D. Ill.)
Representing GNB, one of the nation's largest manufacturers of automotive batteries, Rick sued Sears for infringement of GNB's well known NATIONAL trademark. The case settled very favorably to GNB.
A Win Against Trademark and Copyright Infringement – Hanley-Wood v. American Registry, 1:03 CV 00646/RMC (D.D.C.)
Rick won a temporary restraining order, permanent injunction and monetary relief for trademark and copyright infringement and unfair competition on behalf of Hanley-Wood, a publisher of trade and construction publications against vanity plaque manufacturer American Registry.
Injunction Against L.L. Bean – Horween Leather Company v. LL Bean, 92 C 1237 (N.D. Ill.)
Rick won a permanent injunction, contempt sanctions and monetary relief against L.L. Bean for trademark infringement on behalf of Chicago tanner Horween Leather Company.
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.
A Big Win Over Infringing Use of Trademark – The Big Ten Conference v. Gold Star Chili, C-1-94-523 (S.D. OH)
Rick won a consent judgment and monetary recovery (including attorneys fees) against fast food restaurant chain Gold Star Chili's infringing use of the BIG TEN trademark.
Infringing Madness – Illinois High School Association v. GTE Vantage, 99 F.3D 244 (7th Cir.)
Rick argued a preliminary injunction motion and Seventh Circuit Appeal in the precedent-setting MARCH MADNESS infringement action against NCAA licensee GTE Vantage.
Lake Point Tower
Rick won a temporary restraining order and permanent injunction against infringement of Lake Point Tower's CASTLES IN THE SKY trademark.
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 won a permanent injunction on consent against infringement of Nippon Granulator's trademark and a contempt judgment for violating that injunction.
International Data Group
Rick won a Temporary Restraining Order on behalf of IDG against infringement of IDG's COMNET trademark by a competing trade show in Sweden. The action was settled based on discontinuance of use of the mark, monetary recovery, and future business relationships.
Making a Mark – Watermark Management Corporation v. Watermark Capital Management, Inc., 94-2486 (D.N.J.)
Representing a leading hedge fund, Rick brought a preliminary injunction action for infringement of the WATERMARK trademark. The action settled by entry of consent judgment and defendant's discontinuance of its use of WATERMARK.
Rick represented the manufacturer of BEANIE BABIES in numerous trademark infringement actions, including in oral argument before the Seventh Circuit Court of Appeals.
Rick led the trial team that tried to a favorable jury verdict in the Central District of California an action for patent infringement between global competitors in inspection system technology.
Rick won an early summary judgment of non-infringement of an agricultural implement patent in the Eastern District of Wisconsin.
Representing a Chicago area manufacturer of data storage systems, Rick defended against charges of patent infringement brought by a multinational competitor, Bell & Howell. The action settled favorably after completion of discovery and on the eve of trial.
Rick first chaired the defense of an action for infringement of a dental method patent in the Southern District of Indiana. The case settled favorably.
Copyright Infringement Actions
Rick has successfully litigated numerous copyright infringement actions relating to healthcare data systems, computer software, video games, motion picture properties, music, photographs, architectural drawings and mapping software. Rick has also represented a presidential candidate and national political party in the protection and enforcement of their intellectual property rights and the defense of allegations of copyright infringement.
Orbital Sciences Corporation
On behalf of the industry leader in small - and medium - class space and rocket systems, Rick negotiated the agreement for the development and transfer of rights of the company's Transfer Orbit Stage rocket.
John G. Shedd Aquarium
Rick negotiated the commercial sponsorship agreements for the opening of the John G. Shedd oceanarium in Chicago.
Literary and Artistic Works
Rick has negotiated licenses for such works as the Littlest Angel, the Home Alone motion pictures, New York Times best sellers, the works of L. Frank Baum and The Black Stallion. Rick has represented both authors and publishers in negotiating publishing agreements.
We represented the bankruptcy trustee in the bankruptcy of a leading developer of nano-technology, managing the sizable portfolio of intellectual property assets through the bankruptcy and positioning the portfolio for sale.
Rick structured and implemented a strategy for significant U.S. tax savings through off-shore ownership of a multinational consumer product company’s intellectual property.
Celebrity Brand Licenses
Rick negotiated celebrity brand licenses for a major U.S. home-furnishings manufacturer.
Big Box Retailing Strategy
Just as the economy collapsed in 2008, Rick negotiated an exclusive big box retailer agreement for a consumer product manufacturer that significantly expanded its shelf space and grew its business while its competitors' businesses struggled.