Trademark and False Advertising Suit: Complete Dismissal
Client was served with a complaint and a motion for a temporary restraining order at approximately 5:00 p.m. Opposition papers were due 8:00 a.m. the following morning. Alleging trademark infringement and false advertising, the plaintiff demanded that the client immediately dismantle a $20 million nationwide advertising campaign that included television, radio, and billboard advertisements, as well as 20,000 taxi-top displays. We worked throughout the night preparing the opposition and witness declarations, and successfully filed them by 7:00 a.m. the following morning. The client’s general counsel wrote that he was “stunned” at how quickly the opposition papers were prepared and “blown away” by their quality. After a three-hour hearing later that day, the District Court denied the motion for a temporary restraining order. After five months of intense discovery, the plaintiff agreed to dismiss its complaint and agreed to pay the client’s legal fees if the plaintiff ever asserted similar claims in the future.