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© 2012 Dorsey & Whitney LLP

  • Ranked as a leading Intellectual Property: Trade Mark & Copyright lawyer by Chambers USA, 2010, 2011
  • Listed in Best Lawyers in America, 2005-2012
  • New York Super Lawyers, 2006-2011

  • Columbia University School of Law (J.D., 1992)
  • Brown University (B.A., 1988)

  • New York
  • New Jersey
  • United States Supreme Court
  • United States Circuit Courts of Appeal for the Second, Fourth, Ninth and Federal Circuits
  • United States District Courts for the Southern, Eastern and Western Districts of New York, the District of New Jersey and the Eastern District of Michigan

Bruce R. Ewing

Partner
New York
P: (212) 415-9206
F: (212) 953-7201
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Mr. Ewing is a Partner in the Trial Group and head of the Trial department in the New York office. His principal area of focus is in the litigation of intellectual property disputes, primarily in the fields of trademarks and copyrights. He has represented numerous companies, both large and small, in the prosecution and defense of claims for trademark and trade dress infringement, trademark counterfeiting, trademark dilution, cybersquatting, copyright infringement and false advertising.

Mr. Ewing also focuses on entertainment-related commercial disputes and has represented numerous theatrical producers, publishers and entertainment figures in cases involving claims for breach of contract, fraud, tortious interference, libel and related causes of action.

Other experience includes counseling regarding various intellectual property matters, the prosecution of applications for trademark and copyright registration, licensing matters, the preparation of rules for contests and sweepstakes, and a broad range of general commercial litigation.          

Representative Litigation

  • Walgreen Co. v. Wyeth, (2009), prevailed in trademark opposition proceeding, subsequently appealed and resolved through settlement involving client Wyeth's ALAVERT trademark and adversary's WAL-VERT trademark.
  • Argus Research Group, Inc. v. Argus Media, Inc., 562 F. Supp. 2d 260 (D. Conn. 2008), obtained dismissal on summary judgment of majority of plaintiffs' trademark infringement claims on ground of laches; remainder of claims amicably resolved thereafter.
  • Physicians Formula Cosmetics, Inc. v. Cosmed, Inc., Docket No. 92040782 (T.T.A.B. 2008), prevailed on petition to cancel trademark registration for PHYSICIANS CHOICE based on likelihood of confusion with client's well known PHYSICIANS FORMULA trademark for cosmetics.
  • Fantasia Accessories, Ltd. v. Mizrahi et. al., 06 Civ. 12914 (DC), (S.D.N.Y. 2007), obtained permanent injunction and related relief on claims of trade dress infringement, as well as declaration of trademark ownership in dispute concerning ownership of intellectual property rights among former business associates.
  • Diarama Trading Co. v. J. Walter Thompson U.S.A., Inc., 2005 WL 2148925 (S.D.N.Y. 2005), aff'd, 194 Fed. Appx. 81 (2d Cir. 2006), obtained grant of summary judgment in favor of advertising agency on claims of trademark infringement and cybersquatting concerning trademarks used in diamond trade.
  • Physicians Formula Cosmetics, Inc. v. Small Giant LLC, 2005 WL 1787254 (T.T.A.B. 2005), prevailed on petitions to cancel trademark registrations for PHYSICIANS SELECT and PHYSICIANS DIRECT based on likelihood of confusion with client's well known PHYSICIANS FORMULA trademark for cosmetics.
  • Shen Manufacturing Co. v. The Ritz Hotel, Ltd., 393 F.3d 1238 (Fed. Cir. 2004), prevailed in series of trademark oppositions commenced against client, the world famous Ritz Paris Hotel, concerning client's right to register various RITZ trademarks in the United States
  • Noise in the Attic Productions, Inc. v. UMG Records, Inc., 10 A.D.3d 303, 782 N.Y.S.2d 1 (1st Dep't 2004), successful defense of pioneering hip hop artists Salt 'N Pepa in jury trial for breach of contract, unjust enrichment and related claims brought against them by former producer.
  • Abilene Music, Inc. v. Sony Music Entertainment, Inc., 67 U.S.P.Q.2d 1356 (S.D.N.Y. 2003), obtained summary judgment in favor of major music label on ground that use of copyrighted song lyrics was a parody protected by principles of fair use.
  • National Distillers Products Co., LLC v. Refreshment Brands, Inc., 198 F. Supp. 2d 474 (S.D.N.Y. 2002), successful defense of manufacturer of GLACIER BAY vodka coolers against claims of trademark and trade dress infringement, trademark dilution and false advertising asserted by manufacturer of TETON GLACIER vodka.
  • Robert V. Straus Productions, Inc. v. Pollard, (Sup. Ct., N.Y. Co. 2002), obtained successful jury verdict in favor of producers of Off-Broadway show I Love You, You’re Perfect, Now Change on claims for breach of contract asserted by former General Manager.
  • Dow Jones & Co., Inc. v. Harrods, Ltd., 237 F. Supp. 2d 394 (S.D.N.Y. 2002), aff’d, 346 F.3d 357 (2d Cir. 2003), granting motion to dismiss declaratory judgment claims filed by publisher of The Wall Street Journal against British retailer seeking to enjoin U.K. libel action.
  • Harrods, Ltd. v. Sixty Internet Domain Names, 157 F. Supp. 2d 658 (E.D. Va. 2001), aff’d, 302 F.3d 214 (4th Cir. 2002), obtained judgment in favor of British retailer in ground-breaking in rem cybersquatting action against internet domain names registered by South American entity claiming rights in such names.
  • Toliver v. Sony Music Entertainment, Inc., 149 F. Supp. 2d 909 (D. Alaska 2001), aff’d, 2002 WL 3115872 (9th Cir. 2002), obtained summary judgment dismissing copyright infringement claims asserted against major music label and awarding attorneys’ fees to client.
  • NBA Properties v. Untertainment Records LLC, 1999 WL 335147 (S.D.N.Y. 1999), obtained preliminary injunction against use of logo design that infringed famous logo of National Basketball Association.
  • Kligman v. Pollock Film, Inc., (S.D.N.Y. 2000), defeated preliminary injunction motion seeking to enjoin release of client’s Academy-Award winning film Pollock.
  • Marine Midland Bank v. United Missouri Bank, 223 A.D.2d 119, 643 N.Y.S.2d 528 (1st Dep’t 1996), obtained summary judgment enforcing promissory note in case involving unusual issues of choice of law, statutes of limitation and New York Uniform Commercial Code.
  • Banco Nacional Ultramarino v. Chan, 169 Misc.2d 182, 641 N.Y.S.2d 1006 (Sup. Ct., N.Y.Co. 1996), aff’d, 240 A.D.2d 253, 659 N.Y.S.2d 734 (1st Dep’t 1997), prevailed on motion to dismiss involving important issues of first impression concerning personal jurisdiction over parties involved in international financial transactions and claims for conversion. 

Presentations

  • Chair, INTA International Amicus Committee, 2006-2007
  • Speaker, 2003 National CLE Conference: Surveys in Trademark Litigation, sponsored by the Law Education Institute, Aspen, Colorado, January 2003
  • Panelist, TTAB Practice for Advanced Practitioners, sponsored by the International Trademark Association, Washington, D.C., December 2001
  • Panelist, Online Liability, sponsored by the American Conference Institute, New York, New York, July 2001
  • Member, INTA Select Committee on the Federal Trademark Dilution Act, 2003
  • Vice Chair, INTA International Amicus Committee, 2004-2005

Attorney Articles

May 2007
"How Does the Trademark Dilution Revision Act Affect Your Legal Department?" (co-author) ACC Docket
October 1996
"Comparative Advertising and Parody Under the New Federal Dilution Act," (co-author, S. Edelman) American Lawyer Corporate Counsel Magazine
July/August 1996
"The Federal Trademark Dilution Act of 1995: A Litigation Perspective," (co-author, S. Edelman) The Trademark Reporter

News & Press Mentions

May 30, 2008
Former MLB Slugger Lenny Dykstra Sued for Copyright Infringement

Other Articles

Principal Author of amicus briefs filed on behalf of International Trademark Association in Dastar Corp. v. Twentieth Century Fox Film Corp., 540 U.S. 806 (2003) (limiting applicability of claims for reverse passing off under Lanham Act section 43(a)) and ITC, Ltd. v. Punchgini, Inc., 9 N.Y.3d 467, 880 N.E.2d 852 (2007) (specifying contours of New York law of unfair competition as applied to well known marks used only overseas but possessing a reputation in New York).