Following a four-day trial, a federal court jury found in favor of BGR client Brighton Collectibles on its claim that defendant AIF Corporation d/b/a Time World and Global Time sold knockoff watches that infringed upon Brighton’s copyrighted designs. During the trial, AIF denied infringement and claimed that it had sold only about $25,000 of the accused watches. BGR lead trial counsel Peter W. Ross, however, argued to the jury that AIF had failed to produce adequate, reliable evidence of its infringing sales. The jury agreed, awarding Brighton $1 million. This verdict is the latest in a series of trial victories by Ross and BGR partner Keith Wesley in their continuing efforts to protect Brighton against knockoffs. Prior wins include a $10.8 million verdict against Marc Chantal and an $8 million verdict against Coldwater Creek.
San Diego Federal Court Jury Awards $1 Million Verdict in Favor of Browne George Ross Client Brighton Collectibles
Browne George Ross LLP Opens San Francisco Office — Business litigation firm adds three attorneys to open new office
SAN FRANCISCO – Business litigation firm Browne George Ross LLP has opened its San Francisco office. Former U.S. Attorney for the District of Northern California, Joe Russoniello, will launch the office, along with attorneys Andrew August and Kevin Rooney. Collectively, they bring more than 75 years of business trial experience to Browne George Ross.
“Throughout the Firm’s almost 30-year history, we have litigated and tried many cases in San Francisco and throughout Northern California,” said Managing Partner Eric George. “With the opening of this office and with the depth of experience Joe, Andrew and Kevin bring, we look forward to strengthening our commitment to San Francisco and its legal community.”
A veteran litigator, Mr. Russoniello previously served as senior counsel to Cooley Godward Kronish. Prior to joining Browne George Ross, Mr. August was co-founder and co-managing partner of Pinnacle Law Group focusing on complex business and real estate litigation, including trials and appeals. Mr. Rooney was also with Pinnacle Law Group specializing in commercial and business litigation. Browne George Ross LLP regularly represents clients from Fortune 500 businesses to entrepreneurs, professionals and individuals involved in entertainment, technology, media, real estate, financial services and consumer matters throughout the country. The Firm’s practice involves business disputes of all types relating to commercial transactions, intellectual property, unfair competition, entertainment, class actions, defamation, false advertising, First Amendment rights, employment, insurance, professional liability, federal Indian gaming law, art law and real estate.
United Medical Devices is the exclusive worldwide licensee for the Playboy trademark on condoms. A disgruntled ex-distributor, Playsafe, LLC, sued United Medical for breach of contract and fraud and sought $10.5 million in damages. United Medical retained Browne George Ross to defend it and to bring a counterclaim against Playsafe. Following a two-week trial, a Santa Monica jury found 12 to 0 against Playsafe on all its claims and awarded United Medical the full $700,000 sought on its claim. United Medical will also seek its attorney’s fees, which should push the judgment to over $1 million. United Medical was represented at trial by BGR partner Peter W. Ross
CLICK HERE FOR FULL ARTICLE: Los Angeles litigation firm Browne George Ross LLP will open a new office in San Francisco July 1 featuring former U.S. attorney Joseph P. Russoniello, along with Andrew A. August and Kevin F. Rooney of the soon-to-be-dissolved Pinnacle Law Group LLP in San Francisco
CLICK HERE FOR FULL ARTICLE: Los Angeles litigation boutique Browne George Ross is opening a San Francisco office with former U.S. Attorney Joseph Russoniello as its marquee name. Business litigators Andrew August and Kevin Rooney of San Francisco’s Pinnacle Law Group will also be joining the firm.
Browne George Ross filed a suit in the U.S. District Court for the District of Columbia to overturn an order by the National Institutes of Health to send 100 chimpanzees that are no longer needed for research to a laboratory in Texas. The suit contends that the chimpanzees, currently living at the University of Louisiana research center in New Iberia, Louisiana, must be moved to Chimp Haven, a sanctuary in Keithville, Louisiana designated under federal law to house all federally-owned chimpanzees that are permanently retired from research. The NIH, apparently bowing to political pressure to send the chimpanzees – along with whatever federal funds accompany them – to Texas Biomedical Research Institute in San Antonio, Texas, sought to skirt the federal requirements by designating the chimpanzees as “permanently ineligible for research” rather than “permanently retired” or “surplus” as stated in the Chimpanzee Health Improvement, Maintenance and Protection Act (the CHIMP Act), passed by Congress in 2000. The suit contends that, while the NIH is drawing semantic distinctions for political purposes, the chimpanzees will suffer the consequences by being forced to live on concrete floors rather than dirt and grass, being deprived of opportunities for exercise and stimulation, and being cared for by laboratory assistants not principally charged with seeing to their long range needs. The suit, filed by Eric M. George and Ira Bibbero on behalf of three individuals including one, James Reaux, who worked for 15 years with the chimpanzees slated to be sent to the laboratory in Texas, seeks a declaration that the NIH’s decision is an abuse of discretion that must be set aside.
Rap star Dwayne Michael Carter, Jr., who goes by the stage name “Lil’ Wayne,” sued Browne George Ross client Quincy Jones, III. Carter alleged breach of contract, fraud, and other torts arising out of the release by Jones of a documentary film about Carter. The rap star asserted that his “approval rights” had not been honored. Following a three-week trial, the jury found against Carter on all claims and in favor of Jones on his countersuit. The jury awarded Jones $2.2 million. Jones will also receive his attorneys’ fees, which should raise the total judgment to approximately $3 million. Pete Ross, lead trial counsel for Jones, commented that, ‘The jury got it right. Justice was done. We are very pleased with the result.” The lawsuit received substantial coverage in the press, including national outlets TMZ, ESPN.com, the Huffington Post and MTV.com, to name a few.
Eric George Argues Before Supreme Court of California in the Sargon Enterprises, Inc. v. University of Southern California, et al.
Eric M. George of Browne George Ross argued the case Sargon Enterprises, Inc. v. University of Southern California et al. before the California Supreme Court on October 3, 2012. At issue was the question of the scope of a trial court’s discretion to strike an expert’s testimony as to lost profits. BGR’s client, Sargon Enterprises, Inc., won a liability verdict and damages of $433,000 after USC breached a contract to carry out a clinical study of a revolutionary dental implant invented by Sargon’s founder, Dr. Sargon Lazarof. The trial court held Sargon was not entitled to recover lost profits, but the Court of Appeal reversed. On remand, the trial court excluded the testimony of Sargon’s lost profits expert on the ground that its expert’s methodology was speculative. Again, the Court of Appeal reversed, but the Supreme Court granted review. Click on the link below to see Mr. George argue the case before the Supreme Court.
California Court Of Appeal Affirms Attorney Fee Award In Favor Of Browne George Ross LLP Client Who Was Target Of Posthumous Right Of Publicity Claim
Browne George Ross LLP represents Stop Staring! Designs, which was sued by CMG Brands, LLC for allegedly violating the posthumous right of publicity of the actress Bette Davis. After Browne George Ross filed a motion for summary judgment, CMG voluntarily dismissed its claim. CMG was then ordered to pay Stop Staring’s attorney’s fees and costs. CMG appealed the fee award. On August 20, 2012, the California Court of Appeal affirmed. Browne George Ross attorneys Peter W. Ross, Keith J. Wesley and Lori Sambol Brody represented Stop Staring.
Browne George Ross LLP Obtains Summary Judgment On Trademark Infringement Claim Based On Functionality Of Color Orange On Neonatal Enteral Syringes
Medical device manufacturer Acacia, Inc. received a cease-and-desist letter from a competitor, NeoMed, Inc., regarding Acacia’s use of orange text and/or graduation markings on its enteral syringes for neonatal patients. Acacia believed that NeoMed’s use of the color orange on its enteral syringes served a functional purpose – i.e., identifying the syringes as for oral use only as opposed to I-V use – and thus could not be a protectable trademark. Acacia called upon Browne George Ross LLP to file a declaratory relief action, seeking an order finding that NeoMed’s asserted trademark was invalid and cancelling NeoMed’s trademark registration. On July 23, 2012, the Central District of California granted Acacia’s motion for partial summary judgment and ordered NeoMed’s trademark registration cancelled. The Court held that NeoMed’s use of the color orange on its enteral syringes was functional as a matter of law. See Acacia, Inc. v. NeoMed, Inc., 2012 WL 3019948 (C.D. Cal. July 23, 2012). Browne George Ross attorneys Keith J. Wesley and Peter Shimamoto represented Acacia.