Bruce R. Ewing
PEOPLE

Bruce R. Ewing

Partner
ewing.bruce@dorsey.com

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

de Havilland vs Feud – FX Wins Round in California Court of Appeal
Famed NYT Cartoonist Illustrates Winning Argument in Breach of Contract Action
Brand Names as Stage Names – Tribute or Infringement?
No Need to “Like” Us On Facebook: Some New and Some Old Contest and Sweepstakes Rules To Follow on Facebook and Beyond
Aereo’s Antenna Arrays and Streaming of Broadcast Programming to Individual Subscribers Found Infringing
"How Does the Trademark Dilution Revision Act Affect Your Legal Department?" (co-author) ACC Docket
"Comparative Advertising and Parody Under the New Federal Dilution Act," (co-author, S. Edelman) American Lawyer Corporate Counsel Magazine
"The Federal Trademark Dilution Act of 1995: A Litigation Perspective," (co-author, S. Edelman) The Trademark Reporter

News & Press Mentions

Seven Dorsey Lawyers in New York Selected for Inclusion in The Best Lawyers in America 2019
Chambers USA 2018 Recognizes Dorsey Lawyers and Practices in New York
Dorsey Partner Bruce Ewing Comments on Aerogroup Bankruptcy Proceedings
Dorsey’s Trademark Lawyers and Practice Ranked in World Trademark Review
Super Lawyers Recognizes 19 Dorsey Lawyers in New York
Six Dorsey Lawyers in New York Selected for Inclusion in The Best Lawyers in America 2018
Six Dorsey Offices Recognized by Global Law Experts
Chambers USA 2017 Recognizes Dorsey Lawyers and Practice Groups in New York
Chambers USA 2017 Recognizes Dorsey Lawyers and Practices
Dorsey’s Trademark Lawyers Honored in World Trademark Review 2017
Dorsey Nationally Ranked and Named Trademark Law Firm of the Year by "U.S. News – Best Lawyers" Best Law Firms
Super Lawyers Recognizes 18 Dorsey Lawyers in New York
6 Dorsey Lawyers in New York Selected for Inclusion in The Best Lawyers in America 2017
Chambers USA 2016 Recognizes Dorsey Lawyers and Practice Groups in New York
Chambers USA 2016 Ranks Dorsey Lawyers and Practices
Dorsey’s Trademark Lawyers Honored in World Trademark Review
Dorsey Partner Bruce Ewing Discusses Pittsburgh ADA Lawsuits
Super Lawyers Recognizes 20 Dorsey Lawyers in New York
8 Dorsey Lawyers in New York Selected for Inclusion in The Best Lawyers in America® 2016
Chambers USA 2015 Recognizes Dorsey Lawyers and Practice Groups in New York
Dorsey Partner Bruce Ewing comments in NY Times on Ninth Circuit copyright decision in Garcia v. Google
Dorsey’s Trademark Lawyers Honored in World Trademark Review
Dorsey Partner Bruce Ewing Discusses Whether Individual Performances Can be Copyrighted
Super Lawyers Recognizes 17 Dorsey Lawyers in New York
Bruce Ewing comments on Aereo’s Rebirth as a Cable Service

Events & Speaking Engagements

New Federal Trademark Dilution Statute - Lunch Briefing
IP Law Luncheon Series: Ethical Issues in Trademark Practice

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

  • Commercial Litigation
  • Intellectual Property Litigation
  • Trademark, Copyright, Advertising & Brand Management

Professional & Civic

Professional Achievements

  • Chair, INTA International Amicus Committee, 2006-2007
  • Vice Chair, INTA International Amicus Committee, 2004-2005
  • Member, INTA Select Committee on the Federal Trademark Dilution Act, 2003

Accolades

Rated by Super Lawyers - Bruce Ewing 

Chambers USA 2018 Leading Individual  Ranked in USA Chambers 2017 Leading Individual  Ranked In - USA Chambers and Partners 2016 - Leading Individual   Ranked in Chambers USA 2015 - Leading Individual 

  • 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
Bruce R. Ewing