Licensing Disputes
The Intellectual Property Group frequently represents clients in disputes over licenses and other agreements relating to intellectual property rights. The group combines trial skills with hands-on transactional expertise to provide a unique approach. Because we have negotiated sophisticated license agreements ourselves and have an intimate understanding of their terms, we bring a distinct advantage to our clients when litigating this type of dispute.
For example, we defended Wella AG, now part of Procter & Gamble, against Gucci’s attempt to terminate Wella’s worldwide rights to manufacture and sell Gucci brand fragrance products. We successfully prosecuted an action on behalf of the Apollo Theater Foundation against a former licensee concerning rights in library episodes of the television series “It’s Showtime at the Apollo.” For Biosynexus, an innovative biopharmaceutical company, we obtained an injunction preventing Glaxo Group from assigning its rights under a joint venture agreement to MedImmune, our client’s competitor. The group has also represented notable clients in the semiconductor and biotechnology industries in a number of important confidential arbitrations.
When appropriate, the group tries to resolve licensing disputes before litigation is commenced. Members of the group work closely with clients to negotiate practical business solutions and to prevent the waste of resources in needless litigation. The group has negotiated numerous licenses and consent agreements in this context.
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