Eric W. Lee

Represented a leading, global specialty retailer in bringing trademark infringement lawsuit against two global clothing brands relating to their use of a Moose design on clothing.  Able to leverage global enforcement actions in the U.S., Canada, UK, and EU, resulting in favorable resolution for our client.

Represented a sugar-free breakfast and snack foods manufacturer in trademark infringement and unfair competition litigation against a competing food manufacturer, resulting in favorable settlement prior to defendant’s answer deadline.

Defended Onia, WeWoreWhat, Danielle Bernstein, Saks 5th Avenue, BOP, and Carbon 38, against trademark and copyright infringement allegations brought by a fashion brand relating to alleged copying of designs used on clothing and other items.  After well over a year of contentious litigation, all claims were dismissed with prejudice.

Defended Victoria’s Secret against fitness company’s claims of trademark infringement, unfair competition/passing off, and related state law claims relating to Victoria’s Secret’s use of the words “SWEAT” and “SWEAT ON POINT” in marketing.  All claims were dismissed with prejudice.

Represented National Space Society in defending against photographer’s claims of copyright infringement relating to use of a photograph on social media. All claims were dismissed with prejudice.

Represented grocery chain Mexico Foods, LLC d/b/a El Rancho in its declaratory judgment lawsuit for non-infringement of competitor’s design trademark and trade dress. After El Rancho filed a Motion for Judgment on the Pleadings requesting the court to enter judgment in El Rancho’s favor based on the facts in the Complaint and that a mere “eyeball” tests shows the trademarks are not confusingly similar. The case was successfully resolved in mediation and all claims were dismissed with prejudice.

Represented Abercrombie & Fitch Co. in defending a lawsuit brought by pro se plaintiff that named over 25 retail manufacturing defendants, in which plaintiff alleged trademark rights in the terms LOWER EAST SIDE and LES NYC. The case against Abercrombie & Fitch resolved successfully in its favor.