Cohen Pontani Lieberman & Pavane LLP Successfully Defends Client Against Request for TRO

July 16, 2008 - PRLog -- Cohen Pontani Lieberman & Pavane LLP (CPLP), a preeminent specialist in intellectual property law firm based in New York City, has successfully defended its client and its client's customer against a request for a temporary restraining order concerning a product configuration.

CPLP client Home Essentials & Beyond, Inc., a New York corporation, and its customer, Kirkland's, Inc., a Tennessee corporation, were successful in their defense against The Pomeroy Collection, Ltd.

Pomeroy had sought a temporary restraining order in the U.S. District Court for the Central District of California seeking to restrain Home Essentials & Beyond and Kirkland from selling a particular candle display under the theory that the candle display was proprietary to plaintiff as a "trade dress".

In his Order dated June 13, 2008, Judge Andrew J. Guilford agreed with CPLP, and held that Pomeroy had failed to establish trade dress rights in the candle display.

“The Court’s decision in our client’s favor” says CPLP Managing Partner Martin Pavane, “was the result of carefully demonstrating that Pomeroy’s case did not meet the ‘traditional’ criteria including: 1) a strong likelihood of success on the merits; 2) the possibility of irreparable injury to the plaintiff if preliminary relief was not granted; 3) a balance of hardships favoring the plaintiff; and 4) advancement of the public interest.”

Assisting Mr. Pavane in this case were Edward Weisz, Partner, and Atul Singh, an Associate of the firm.

Cohen Pontani Lieberman & Pavane LLP is an intellectual property firm serving a worldwide roster of companies from a diverse range of industries including avionics, pharmaceuticals, electronics, heavy machinery, biotechnology and telecommunications.

CPLP is unique in its focus on intellectual property litigation that infuses every aspect of its IP work in prosecution of patents, trademarks, and copyrights; in drafting opinions and licenses; and in due diligence and transaction work.

It is CPLP’s philosophy that no legal activity is so routine that it does not have the potential to become the weak link in IP protection, resulting in legal exposure or porous rights. Hence, the firm views all IP matters as potential litigations to be won or avoided and is positioned to provide world-class litigation services, as well as other highly skilled IP services to achieve wraparound IP protection at the highest level.

Cohen Pontani Lieberman & Pavane LLP, 551 Fifth Avenue, New York, NY 10176; 212.687-2770; www.cplplapw.com.

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Cohen Pontani Lieberman & Pavane LLP is a New York City-based intellectual property firm serving a worldwide roster of companies in such industries as avionics, pharmaceuticals, electronics, heavy machinery, biotechnology and telecommunications.

It is CPLP’s philosophy that no legal activity is so routine that it does not have the potential to become the weak link in IP protection, resulting in legal exposure or porous rights. Hence, the firm views all IP matters as potential litigations to be won or avoided and is positioned to provide world-class litigation services, as well as other highly skilled IP services to achieve wraparound IP protection at the highest level.

Cohen Pontani Lieberman & Pavane LLP, 551 Fifth Avenue, New York, NY 10176; 212.687-2770; www.cplplapw.com.