Select Section
Overview
BRUCE EWING HANDLES COMPLEX INTELLECTUAL PROPERTY AND COMMERCIAL DISPUTES THAT ARE CRITICAL TO HIS CLIENTS.
Bruce is the head of the Trial Department in the New York office and Co-Chair of the Firm’s Intellectual Property Litigation Practice Group. 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.
Bruce also focuses on commercial disputes involving intellectual property, with a particular focus on licensing matters. Bruce has represented numerous suppliers and manufacturers of apparel, accessories, jewelry and related items, as well as theatrical producers, publishers and entertainment figures, in commercial cases involving claims for breach of contract, fraud, tortious interference 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 and contract litigation.
Education & Admissions
Columbia Law School (J.D., 1992)
Brown University (B.A., 1988)
Admissions
- New Jersey
- New York
- U.S. Supreme Court
- U.S. Court of Appeals for the First, Second, Fourth, Ninth and Federal Circuits
- U.S. District Courts for the Southern, Eastern and Western Districts of New York, the District of New Jersey and Eastern District of Michigan
Experience
Client Achievements
Representative Litigation
- Kumar v. Institute of Electrical and Electronics Engineers, Inc., 12 Civ. 06870 (KSH)(CLW) (2016). Obtained defense verdict for scientific publisher after seven-day jury trial on claim of copyright infringement involving doctoral thesis and journal article that were both concerned with robotics.
- In re World Trade Centers Association, Inc. (2015). Represented trade association in New York State investigation into transfer of WORLD TRADE CENTER trademark.
- JA Men’s Group LLC v. JA Apparel Corp. (AAA 2015). Secured and collected award of $42.6 million in trademark licensing dispute.
- SME Consolidated, Ltd. v Camuto Consulting, Inc. (AAA 2011). Obtained award of substantial damages for handbag licensee on claim for wrongful termination of fashion license agreement, as well as dismissal of counterclaim for breach of contract.
- Walgreen Co. v. Wyeth, (TTAB, N.D. Ill. 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.
- 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.
News & Resources
Articles
September 06, 2016
October 30, 2014
June 26, 2014
May 2007
"Comparative Advertising and Parody Under the New Federal Dilution Act," (co-author, S. Edelman) American Lawyer Corporate Counsel Magazine
October 1996
"The Federal Trademark Dilution Act of 1995: A Litigation Perspective," (co-author, S. Edelman) The Trademark Reporter
July/August 1996
News & Press Mentions
August 15, 2018
February 14, 2018
September 20, 2017
August 15, 2017
June 15, 2017
January 20, 2017
November 1, 2016
September 21, 2016
August 15, 2016
May 31, 2016
January 20, 2016
January 13, 2016
September 16, 2015
August 17, 2015
May 18, 2015
January 26, 2015
December 16, 2014
September 23, 2014
Events & Speaking Engagements
October 18, 2006 - October 18, 2006
March 27, 2003 - March 27, 2003
Legal Writings
- 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))
- 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)
Select Presentations
- Speaker, Practicing Law Institute, “Understanding the Intellectual Property License,” New York, New York, 2012-2014
Industries & Practices
Intellectual Property Litigation
Explore This Practice View client achievements related to this practice View resources related to this practiceTrademark, Copyright, Advertising & Brand Management
Explore This Practice View client achievements related to this practice View resources related to this practice- Commercial Litigation
- Intellectual Property Litigation
- Trademark, Copyright, Advertising & Brand Management
Accolades
- Named one of “America’s Leading Business Lawyers” by Chambers USA (Intellectual Property: Trademark & Copyright), 2010-2018
- Recognized as a Leading Practitioner in World Trademark Review 1000 – The World’s Leading Trademark Professionals, 2013-2018
- Listed in Best Lawyers in America©, 2005-2018
- Listed in New York Super Lawyers, 2006-2017
