February 2024- The Ingber Law Firm files US Copyright application on behalf of game company, Scrungo LLC for the DRAGOON® Board Game to protect its interest.
The advantages of copyright registration include the following:
1. Establishes a public record of the copyright holder’s ownership.
2. Enables copyright holders to sue infringers in federal court.
3. If made before or within 5 years of publication, establishes sufficient evidence in court concerning the validity of the copyright and the facts stated in the copyright certificate.
4. If registration is made within 3 months of publication of the work or at any time prior to an infringement of the work, the copyright owner is entitled to seek statutory damages and attorney’s fees in federal court. Without registration, only an award of actual damages and profits will be available, and these can be quite difficult to prove.
5. Allows the copyright owner to record the registration with U.S. Customs to protect against the importation of infringing copies into the U.S.
January 2024-The Ingber Law Firm files Motion to Dismiss lawsuit filed by Bayer Healthcare against California-based Amazon reseller Safegate and its President under Federal Rule 12(b)(2) for lack of personal jurisdiction; moves to dismiss Bayer’s claim for Tortious Interference with Contract for failure to state a claim upon which relief can be granted, under Federal Rule 12(b)(6); and moves to dismiss all claims against the President based on insufficient service of process under Federal Rule 12(b)(5).
October 2023- The Ingber Law Firm files opposition with the NJ District Court on behalf of local food distributor Latinfood against Motion for Attorney Fees brought by Industria de Alimentos Zenú S.A.S. (a $3 billion-dollar Colombian food conglomerate).
This is Industria’s 2nd Fee Application, as its woefully deficient 1st Fee Application was rejected by the Court. The Court denied Industria’s 1st Fee Application without prejudice and in that denial, Judge Hammer noted that: “Plaintiff’s submission does little to assist the court in conduct the lodestar analysis . . . Plaintiff’s application . . . frustrate(s) this court’s ability to conduct the necessary lodestar analysis”. Nonetheless, the Court afforded “Plaintiff one final opportunity to make an appropriate submission that, among other things, addresses more completely the lodestar analysis.” In response to a 2nd Fee Application which is pending before the Court, Latinfood has requested that the Court should, at a minimum, drastically reduce Industria’s claimed fees. Latinfood opposed the 2nd Fee Application as Industria’s application included exorbitant billing rates, excessive fees; fees for its unsuccessful Spoliation motion, vague and ambiguous time entries, inefficiencies and duplication of effort, billing for inapplicable expenses, irrelevant and excessive fees associated with unrelated discovery disputes. The 2nd Fee Application is pending before the Court.
July 2023 – The Ingber Law Firm Obtains Arbitration Panel (WIPO) Decision Transferring Disputed domain name alphabetloregames.com to Rightful Owner
The Ingber Law Firm represented Michael Salcedo ( a leading provider of entertainment services that provide children animated and online video games related to the alphabet and numbers under the famous marks ALPHABET LORE and NUMBER LORE) in filing an ICANN domain name administrative proceeding against an infringing overseas scammer operating a domain name with an identical name.
The Ingber Law Firm successfully argued that the infringing domain name was registered and being used in bad faith as a means to mislead consumers into purchasing services through the infringing competitor and thus damaging the Alphabet Lore brand. ICANN found that the infringing competitor had no rights or legitimate interest to the domain name and that the domain name was registered and was being used in bad faith. ICANN ordered the immediate transfer of the domain name to Michael Salcedo in less than 3 months.
June 2023- In a landmark 95-page Opinion, New Jersey U.S. District Judge Kevin McNulty issued his summary judgment decision in the longstanding lawsuit filed by Industria de Alimentos Zenú S.A.S.
The Court, on a case of first impression, ordered the immediate cancellation of Latinfood’s longstanding Zenu® mark, and immediately enjoined any use by Latinfood of its longstanding Zenu® and Ranchera marks based solely on Industria’s foreign trademark registrations pursuant to Articles 8 and 18 of the Inter-American Convention (“IAC”). Judge McNulty did grant Latinfood’s motion for summary judgment with respect to Industria’s claims for false association and false advertising. Judge McNulty suspended his decision pending a decision on Latinfood’s Motion to Stay and Motion for Reconsideration. Latinfood also has a pending appeal before the 3rd Circuit Court of Appeals.
May 2023 – The Ingber Law Firm Files European, UK and U.S. Trademark Oppositions against Chinese entity, Xiamen Desifu Commercial & Trading Co., on behalf of Michael Salcedo, a leading provider of entertainment services that provide children animated and online video games related to the alphabet and numbers under the famous marks ALPHABET LORE and NUMBER LORE. The infringer has also been using Michael Salcedo’s identical copyrighted image in violation of his US Copyright Registration.
April 2023-The Ingber Law Firm defends California-based Amazon reseller Safegate International (“Safegate) and its President against lawsuit brought against them in the District Court of NJ by Bayer Healthcare alleging that the NJ Court has specific personal jurisdiction over the California Defendants because they have regularly sold infringing products bearing Bayer’s trademarks to consumers in New Jersey through the interactive website www.amazon.com.
The Ingber Law Firm successfully filed a motion to vacate entry of default, which was granted by the Court.
February 2023- The Ingber Law Firm defends multiple New Jersey-based food distribution companies catering to ethnic, South Asian customers against trademark infringement and Grey Market lawsuit filed in the District Court of NJ concerning the mark BOURNVITA.
January 2023- The Ingber Law Firm files complaint in NJ Superior Court for breach of contract and non-compete agreement on behalf of Seven Stars Wholesale, a NJ-based Hookah and Tobacco company, against a former employee.
November 2022- The Ingber Law Firm obtains dozens of US trademark registrations on behalf of the Alzheimer’s Foundation of America (“AFA”) claiming the color teal as a feature of the marks. The color teal is the Alzheimer’s Awareness color of the AFA.
October 2022- The Ingber Law Firm is working with its European associates to defend European Trademark applications filed by Simple Tire LLC (an NJ-based online, retail discount tire company) for CONVERSE tire trademark applications against oppositions filed by global sneaker company, All Star Converse.
September 2022- The Ingber Law Firm prepared an asset purchase agreement and trademark assignment of the mark MONSOON BAKERY® on behalf of Kashmir Crown Baking, a local Linden, NJ company.
August 2022- October 2020- The Ingber Law Firm assisted Explosm LLC (owner of the popular card game JOKING HAZARD®) in registering its newest card game Master Dater ® with the Amazon Brand Registry Program.
July 2022- The Ingber Law Firm obtained 10-year Trademark Registration Renewals on behalf of New Jersey’s Top Rated Applegate Farm Homemade Ice Cream, of Montclair.
June 2022- The Ingber Law Firm obtained numerous US Trademark Registrations on behalf of Rock N Air Adventure Park.
The Ingber Law Firm successfully registered multiple trademark registrations on behalf of Rock N Air, owner of a new, 70,000 sq. ft, state-of-the-awesome indoor playground located in East Brunswick, NJ for the marks: Achievements Unlocked®; The Great Indoors®; Jump. Climb. Fly.®; and Rock N Air®.
May 2022- New Jersey U.S. Magistrate Judge Michael Hammer denies Motion for Spoliation filed by Industria de Alimentos Zenú S.A.S. (a multi-billion dollar Colombian food conglomerate) against The Ingber Law Firm’s client Latinfood, a small, local, one-man shop operation which distributes and sells Hispanic/Latino food products to supermarkets, bakeries, and bodegas, predominantly in the New York tri-state area.
The Court held and/or stated that Industria failed to demonstrate any spoliation by Latinfood; any loss or deprivation of ESI; no finding of bad faith by Latinfood; no evidence of any crucial missing documents that Latinfood failed to produce; Industria has not demonstrated actual deprivation of discovery, or that Latinfood’s conduct irremediably impacted Industria’s ability to try this matter on the merits. The Court did find that Latinfood withheld evidence and ordered it to reimburse Industria for certain legal fees and expenses.
March 2022 – The Ingber Law Firm successfully settled lawsuit filed in NJ District Court on behalf of Dabur India Ltd. to block the import by 3 local New Jersey companies into the U.S. of “gray market” unauthorized goods, which were alleged to infringe on Dabur’s registered trademarks.
The Ingber Law Firm represented (1) Dabur India Ltd., a prominent India-based manufacturer and distributor of quality consumer goods in various product categories, such as hair care, oral care, healthcare, skin care, home care and foods and (2) Dabur International Ltd., it’s local subsidiary. The Ingber Law Firm stopped Defendants’ importation into the U.S. of products bearing Dabur’s registered marks in the U.S., which products were manufactured and intended for sale exclusively outside the U.S. (the “gray market” goods).
February 2022 – The Ingber Law Firm filed Visual Arts US Copyright application for unique TOOCHUSA design in support of charity golf event.
January 2022 – The Ingber Law Firm Files European Trademark Opposition on behalf of famous performing artist Kool and the Gang vs. infringing trademark application filed for the mark “Cool Gang”.
December 2021-The Ingber Law Firm Files dozens of US trademark applications claiming color as a feature of the marks, on behalf of the Alzheimer’s Foundation of America.
November 2021-The Ingber Law Firm Files US trademark applications for the marks DELTIVA and In Nature We Trust, on behalf of a Florida-based vapor company, in connection with candies and gummy candies containing ingredients derived solely from hemp.
October 2021 – The Ingber Law Firm obtains dozens of DMCA Takedowns against infringers of Kool and the Gang® merchandise
The Ingber Law Firm prepared and filed DMCA takedown notices with 32+ host sites, multiple search engines and domain hosts that were selling unauthorized Kool and the Gang® merchandise, thereby infringing on trademarks, copyrights, and rights of publicity (name, likeness). The Firm’s quick response ensured that the counterfeit sellers were promptly removed and prevented further loss in sales to the client.
September 2021 – The Ingber Law Firm successfully obtains China Trademark Registration for the popular card game JOKING HAZARD on behalf of Explosm LLC after Invalidating identical registered marks owned by a notorious China infringer and copycat.
August 2021 – The Ingber Law Firm successfully obtains US Trademark Registration for the mark SHEPPERTON STUDIOS on behalf of Pinewood Group Ltd, a UK Company
July 2021 – The Ingber Law Firm successfully wards off trademark infringement claims made against a local nail salon by a California-based nail salon owner who owns trademark registration with similar name.
”Precision Nails, a small local NJ nail salon, was served with a Cease and Desist Letter threatening litigation from a California-based nail salon and registered trademark owner. The letter claimed exclusivity of its “famous” mark. The Ingber Law Firm successfully argued that there was no possibility of “likelihood of confusion” as the California entity’s mark was not “famous or strong” but weak and entitled to a narrow scope of protection; and because the parties operate nail salons in “geographically separate markets.”
June 2021 – The Ingber Law Firm obtains US Copyright Registrations on behalf of The Alzheimer Foundation of America to protect their literary and audio visual works for “The Apartment – A Guide to Creating a Dementia-Friendly Home
May 2021 – The Ingber Law Firm files Complaint in NJ District Court on behalf of Dabur India Ltd. to block the import into the U.S. of “gray market” unauthorized goods that infringe on Dabur’s registered trademarks.
The Ingber Law Firm represents Dabur International, a prominent India based manufacturer and distributor of quality consumer goods in various product categories, such as hair care, oral care, healthcare, skin care, home care and foods. Dabur is seeking to stop Defendants’ importation into the U.S. of products bearing its registered marks in the U.S., which products were manufactured and intended for sale exclusively outside the U.S. (the “gray market” goods). Dabur International further seeks to compel the disgorgement of all profits from the sales and revenues of any kind made as a result of Defendants’ sales of the unauthorized gray market goods.
April 2021 – The Ingber Law Firm Successfully Defends a China-based Lighting fixture company in a Trademark Infringement Lawsuit Filed in the District Court of Illinois.
Despite only beginning representation after the Illinois District Court had already granted Plaintiff’s Ex Parte Motion for a Temporary Restraining Order, Temporary Injunction and Temporary Asset Restraint, The Ingber Law Firm successfully negotiated a settlement with no damages awarded and obtained the prompt reinstatement of the Amazon domain name to the client.
March 2021 – The Ingber Law Firm, working with its China associates, successfully appeals China application for SIMPLETIRE mark on behalf of Simple Tire LLC, a NJ based online, retail discount tire company.
In connection with the above application, we are pleased to advise that our China associates have received a favorable decision concerning the appeal they filed to overturn the refusal in Classes 12 and 35 from the China National Intellectual Property Administration (CNIPA).
The CNIPA accepted the above application on all of the designated goods and services on the basis that the application is distinguishable from the cited marks and the co-existence of the respective parties’ marks will not cause confusion.
February 2021- The Ingber Law Firm is pleased to act as counsel for Adit Ventures, a late stage venture capital firm with offices in NY and Ca., in filing numerous US Service Mark applications for their various portfolios.
January 2021 – The Ingber Law Firm files Lever applications with US Customs on behalf of Dabur India Ltd. to block the import into the US of “gray market” unauthorized goods which infringe on Dabur’s registered trademarks.
The Ingber Law Firm represents Dabur International, a prominent India based manufacturer and distributor of quality consumer goods in various product categories, such as hair care, oral care, healthcare, skin care, home care and foods. Dabur is seeking to stop importation into the US of the of Dabur products bearing its registered marks in the U.S., which products were manufactured and intended for sale exclusively outside the U.S. (the “gray market” goods). So called “gray-market goods can be kept out of the United States if the trademark owner properly files for “Lever rule” protection with US Customs. In this regard, we have prepared and submitted to US Customs, Product Identification Training Guides (“PITG”) for each of the US registrations identified.
December 2020 – The Ingber Law Firm successfully defends LatinFood in Federal Trademark Infringement lawsuit brought by competitor.
The Ingber Law Firms obtains a prompt dismissal with prejudice of wrongful lawsuit filed against its client, LatinFood, a local Long Island based distributor of food and beverages. The wrongful trademark lawsuit was filed in Federal Eastern District Court of NY by Iberia Foods and other competitors seeking a TRO/Preliminary Injunction against Latin Foods longstanding and lawful sale of imported Pony Malta beverages. We have now served a motion to recover LatinFood’s attorney’s fees.
November 2020- The Ingber Law Firm successfully represents client, The Belly Boxes at Federal Court Mediation before Judge Douglas Wolfson.
On behalf of our client, The Belly Boxes (and their Founders), a local, Lake Hopatcong, NJ supplier and distributor of subscription boxes for expecting mothers, the Ingber Law Firm successfully mediated a complete settlement of lawsuit and Preliminary Injunction motion filed against them by Bump Boxes, an Illinois competitor in trademark infringement lawsuit in NJ’s Federal District Court. In December, the parties entered into a Dismissal with Prejudice of all claims brought against The Belly Boxes.
October 2020- The Ingber Law Firm successfully obtained Amazon Takedown on infringer of SUNLIGHT CHARCOAL® and SUNLIGHT CHARCOAL® brands.
The Ingber Law Firm assisted clients in registering their registered brands with Amazon Brand Registry Program, then successfully obtained Amazon Takedowns on infringer of SUNLIGHT CHARCOAL® and SUNLIGHT CHARCOAL® brands as used in connection with hookah charcoal and hookah parts. Infringers were selling unlawful and unauthorized counterfeit copies of the SUNLIGHT brands, which customers have complained about regarding the poor quality and errors.
September 2020- The Ingber Law Firm institutes Worldwide Trademark Watching Service for numerous trademarks of its clients.
The Ingber Law Firm institutes annual watching program on behalf of clients, whereby we continuously watch for applied for marks World-Wide that are identical and/or phonetically identical or confusingly similar to our clients’ registered marks. In such an event, we alert our clients to these publications to ensure that opposition to their ultimate registration is timely filed.
August 2020 – The Ingber Law Firm successfully obtains Russia Trademark Registration for the popular card game “We’re Doomed” on behalf of Breaking Games.
July 2020 – The Ingber Law Firm successfully defends LatinFood, a local Long Island based distributor of food and beverages against TRO/Preliminary Injunction motion filed by Iberia Foods and other competitors, in trademark infringement lawsuit in Federal Eastern District Court of NY. The Court denied the request for a Temporary Restraining Order.
June 2020 – The Ingber Law Firm successfully defends Illinois based Support Black Colleges, creators of nationwide clothing brand catering to students and alumni of Historically Black Colleges and Universities, against TRO/Preliminary Injunction motion filed by alleged co-creator, By Kiy (a NJ based designer) in trademark infringement lawsuit in NJ’s Federal District Court. The Ingber Law Firm subsequently negotiates a favorable settlement leading to the dismissal of the lawsuit.
May 2020 – The Ingber Law Firm forms new Delaware LLC on behalf of NYC based financial services company and files US Service Mark application to protect their ADIT GENESIS mark.
April 2020 – The Ingber Law Firm filed multiple trademarks in Canadian and US Trademark Offices on behalf of Kashmir Crown Baking, a local Linden, NJ company (specializing in production of a myriad of bakery products, savory snacks, and sugar confectionaries) seeking to expand their wide range of authentic tastes from the South Asian region throughout North America and worldwide.
March 2020 – The Ingber Law Firm filed Visual Arts US Copyright application on behalf of singer/songwriter after prepping audio and lyrics and converting YouTube video to MPS for deposit filing.
February 2020 – The Ingber Law Firm defends The Belly Boxes (and their Founders), a local, Lake Hopatcong, NJ supplier and distributor of subscription boxes for expecting mothers, against Preliminary Injunction motion filed against them by Bump Boxes, an Illinois competitor in trademark infringement lawsuit in NJ’s Federal District Court.
February 2020 – The Ingber Law Firm successfully obtains reversal of Trademark Office Final Office Action, enabling “NUIT YOUR PERFECT MATCH IS WRITTEN IN THE STARS!” application to proceed towards registration.
The Ingber Law Firm earned an online astrology-based dating service a decisive victory after overcoming several Trademark Examiner refusals based on “likelihood of confusion” s against the client’s trademark application. The Firm remained steadfast in their commitment to the client and was able to utilize its 30+ years of intellectual property law experience to successfully convince the Trademark Examiner to reverse the Final Office Action that had been previously issued. As a result of the Firm’s efforts, the client’s trademark has cleared the final hurdle and is its way to a successful registration.
January 2020 – Trademark Trial and Appeal Board (“TTAB”) sustains opposition filed by the Alzheimer’s Foundation of America (“AFA”) against trademark application filed by ADDF for the mark ALZHEIMER’S DRUG DISCOVERY FOUNDATION on ground of priority and likelihood of confusion.
The TTAB issues a Final Decision sustaining trademark opposition filed successfully by the Ingber Law Firm on behalf of longtime client AFA against application by ADDF for ALZHEIMER’S DRUG DISCOVERY FOUNDATION. The TTAB summarized its decision by stating that “because the marks are similar, the services are related and we must presume that the services are offered in the same channels of trade and to the same classes of consumers, we find that the applied-for mark used in connection with Applicant’s recited services is likely to cause confusion with Opposer’s previously used and registered mark.” Accordingly, ADDF’S application Serial No. 86326483 is refused.
December 2019 – The Ingber Law Firm obtains favorable settlement on behalf of New York food distributor Central de Abasto Mexicana, Corp. in New Jersey District Court Trademark infringement lawsuit filed by Grupo Omor, S.A. of Mexico.
The Ingber Law Firm successfully obtains dismissal with prejudice of trademark infringement lawsuit filed by Grupo Omor, S.A. of Mexico for client’s alleged unlawful importation, marketing, distribution and/or sale of food products bearing Plaintiffs’ “LA MORENA” trademarks and trade dress.
November 2019 – The Ingber Law Firm obtains favorable settlement on behalf of China based company in a trademark infringement lawsuit filed by World Famous Rock Group Pink Floyd in the District Court of Illinois, for allegedly violating the Pink Floyd trademark.
The Ingber Law Firm promptly and successfully negotiates removal of ex parte injunction entered against client; unfreezing and re-enabling of their frozen PayPal accounts; and dismissal with prejudice.
October 2019 – The Ingber Law Firm obtains favorable settlement on behalf of “John Doe” in New Jersey District Court Copyright infringement lawsuit filed by Strike 3 for allegedly using the BitTorrent File Distribution Network to infringe Plaintiff’s copyrights in 51 adult movies.
The Ingber Law Firm successfully obtains dismissal with prejudice of copyright infringement lawsuit filed by Strike 3 Holdings against “John Doe”, while maintaining client anonymity.
September 2019 – The Ingber Law Firm successfully obtained China Trademark Invalidations on behalf of its client Explosm.
The Ingber Law Firm obtains trademark invalidations in China from the China National Intellectual Property Administration (CNIPA) against notorious China trademark infringer, Yiwu Xuyang, on behalf of client, Explosm, an online platform that enables users to view and share a diverse range of comics including the famous JOKING HAZARD® and CYANIDE & HAPPINESS®.
August 2019 – The Ingber Law Firm successfully obtain New Zealand and Australia Trademark Registrations for the mark Ad Magic on behalf of Ad Magic, Inc.
The Ingber Law Firm successfully obtains Certificates of Registration from New Zealand and Australia for the mark “Ad Magic” on behalf of Ad Magic, Inc. an indie game printer of custom board games, custom card games, including the world famous CARDS AGAINST HUMANITY® game.
July 2019 – The Ingber Law Firm obtained favorable settlement in US Trademark Opposition proceeding on behalf of its client, Peruvian Import.
The Ingber Law Firm was successful in obtaining a favorable settlement between Peruvian Imports and Inca Tea, LLC in trademark dispute.
June 2019 – The Ingber Law Firm Successfully obtains Cease and Desist from infringer on behalf of ECig client.
The Ingber Law Firm causes Streamline Vape Company to stop infringing their client’s Farmers Market® Eliquid mark and remove all references from its website.
May 2019 – The Ingber Law Firm files numerous trademark applications on behalf of client Rock N Air Adventure Park.
The Ingber Law Firm files multiple trademark applications on behalf of new client, Rock N Air, owner of a brand new, 70,000 sq. ft, state-of-the-awesome indoor playground located in East Brunswick, NJ. for the marks: Achievements Unlocked; From Airtime to Zipline; Jump. Climb. Fly.; and Rock N Air Adventure Park (Word Mark) and Rock N Air Adventure Park (Design Mark/Logo); and new Rock N Air application.
April 2019 – The Ingber Law Firm obtains expedited U.S. Copyright Office Registrations for Latinfood food packaging designs.
The Ingber Law Firm successfully obtains Special Handling registrations filed a day earlier from the Copyright Office for Latinfood Zenu Ranchera sausage designs.
February 2019 – Kool and the Gang obtains DMCA Takedown on infringer of Kool and the Gang
The Ingber Law Firm was successful in the takedown of serial trademark infringer Funkbomb.com by having a service provider terminate its network accounts.
January 2019 – The Ingber Law Firm Successfully Obtains Issuance of U.S. Trademark Registration No. 5,664,139 for the mark LUMPAPRINTS
The Ingber Law Firm overcomes trademark office objection to client’s application for LUMAPRINTS, which was blocked by a prior registration for LUMAPRINT and obtains issuance of U.S. Trademark Registration No. 5,664,139. Our client’s reaction was as follows:
Hi Mark! Thank you for all your efforts. That is great news that we were able to overcome the USPTO objections. In gratitude, Yong.
December 2018 – The Ingber Law Firm is representing Jenscrub.com, by providing Intellectual Property counseling in negotiations with Disney in connection with use of the domain name www.greysanatomyscrubs.com
November 2018 – The Ingber Law Firm is Successful in Protecting the Intellectual Property rights of game client, Explosm (creator of Cyanide & Happiness® and Joking Hazard®) by forcing counterfeiter into abandoning fraudulent U.S. trademark application for the identical mark EXPLOSM
October 2018 – The Ingber Law Firm represents DeAndra Alex, an artist and promoter of her incontestable trademark, More Than An Athlete® in a trademark dispute with LeBron James, whose company filed multiple competing applications for his junior use of the identical More Than An Athlete mark.
September 2018 – The Ingber Law Firm files multiple trademark applications to protect the JUNO™ trade dress, namely product packaging, of E-Cigarette client Demandvape.com (a competitor of JUUL®)
August 2018 – The Ingber Law Firm successfully represents E-Cigarette client V8P® in obtaining cancellation of competitor V8PE’s Trademark Registration.
June 2018 – The Ingber Law Firm files United Kingdom, European Union, Canada, and China Trademark Applications
The Ingber Law Firm file international trademark applications for the Mark BAD JUDGEMENT™ in connection with card games on behalf of Explosm, creator of Cyanide & Happiness® and Joking Hazard®
May 2018 – The Ingber Law Firm moves to Renew Madrid Protocol Trademark Registration in the European Union, United Kingdom and Ireland in connection with AMELIO® accounting software.
April 2018 –The Alzheimer Foundation of America Successfully Wins 8-Year Running Trademark Infringement Lawsuit with the Alzheimer’s Association, with the Ingber Law Firm Acting as Co-Counsel
Lawsuit before the United States District Court for the Southern District of New York entitled, Alzheimer’s Foundation of America, Inc. v. Alzheimer’s Disease and Related Disorders Association, Inc., 10 Civ. 3310- In September 2017, the Court held a six-day trial and on April 23, 2018, the Court rendered its 75-page Opinion and Order and dismissed the Alzheimer’s Association’s claims in their entirety and found in favor of the Alzheimer’s Foundation of America. The Court Clerk entered the Judgement on April 23. 2018. The Alzheimer Association did not notice an appeal from the Judgment. As a result, the Judgment is final and with prejudice.
March 2018 – The Ingber Law Firm Files Trademark Opposition on behalf of INCA’S FOOD® mark against “INCA TEA” application.
January 2018 – The Ingber Law Firm Files Trademark Oppositions on behalf of Kool and The Gang
The Ingber Law Firm filed Trademark Oppositions with the Trademark Trial and Appeal Board against infringing applications for “2 Cool Gang” in connection with entertainment services by a musical band.
December 2017 – The Ingber Law Firm Files U.S. application for LIMBO™ electronic spinning top
In June 2018, LIMBO™ broke the Guinness World Record for longest running mechanical spinning top, by spinning for more than 27 hours and delighting toy enthusiasts. LIMBO™ is a Breaking Toys and Fearless Toys invention. See https://www.upi.com/Mechanical-top-spins-for-world-record-27-hours/7111529589658/
October 2017 – The Ingber Law Successfully Obtains International Trademark Registrations to protect FAKE NEWS® board and card games
Over the past few months, the Ingber Law Firm has registered trademarks for the mark “FAKE NEWS” in the European Union, Australia, Canada, China and the United States, on behalf of Breaking Games, the tabletop game and board game publishing and promotion division of game printer AdMagic.
September 2017 – The Ingber Law Firm Files Take Down Complaints with Facebook and Youtube
The Ingber Law Firm successfully protects the intellectual property of the famous musical group, Kool and the Gang, by “Taking Down” infringing postings by copycats.
July 2017 – The Ingber Law Firm Drafts a Variety of Business Agreements to Ensure its Client’s Protection:
The Ingber Law Firm offers a myriad of services to clients in order to provide them with the most robust protection for their intellectual property. Recently, the Firm worked extensively with a client to draft a Terms of Use policy and Privacy Policy for the client’s web and mobile based dating service. The Firm was able to promptly provide the client with the necessary agreements which addressed all of the client’s comments and concerns and provided the utmost protection of the client’s interest.
June 2017 – The Ingber Law Firm Avoids Burdensome Litigation in California Against its New Jersey Client and Successfully Negotiates Favorable Settlement Agreement:
The Ingber Law Firm strategically avoided a trademark infringement lawsuit in California against its longstanding and New Jersey local client, by initiating suit in New Jersey seeking a declaratory judgement of non-infringement. The Firm successfully avoided further costly litigation expenses by negotiating a settlement agreement favorable to the client. The Firm was able to secure the client monetary consideration and express consent from the opposing party to not challenge the client’s newly rebranded trademark. Thus, allowing the client to swiftly move forward with new licensing contracts with a major motion picture studio.
May 2017 – The Ingber Law Firm Protects Famous Musical Group Kool and the Gang Against Infringing German Company With Successful Cease and Desist Letter:
The Ingber Law Firm successfully protected the intellectual property rights of its famous musical group client, Kool and the Gang, by working with its Germany associates and taking down an infringing German company’s use of the band’s trademarks in connection with an unauthorized bicycle trailer product on Amazon’s Germany website and on the company’s own domain name. The Firm took immediate action by sending a cease and desist letter, resulting in the successful and swift removal of the infringing products for all websites.
April 2017 – The Ingber Law Firm is Successful in Protecting Explosm (Creator of Cyanide & Happiness® and Joking Hazard®) Against Counterfeit Amazon Sellers:
The Ingber Law Firm successfully filed several take down notices with Amazon on behalf of its client, Explosm, creators of the widely popular comic Cyanide & Happiness® and Joking Hazard® card game, when counterfeit copies of the game were being sold by various Amazon sellers around the world. The Firm’s quick response ensured that the counterfeit sellers were immediately removed and prevented further loss in sales to the client.
March 2017- The Ingber Law Firm Successfully Overcomes Trademark Office Objections, Enabling “EBOARD” Mark to Proceed:
The Ingber Law Firm earned a computer client a decisive victory after overcoming several Trademark Examiner refusals against the client’s “EBOARD” trademark application, including “merely descriptive” and “likelihood of confusion” refusals. The Firm remained steadfast in their commitment to the client and was able to utilize its 30+ years of intellectual property law experience to successfully convince the Supervisory Trademark Examiner to reverse the Final Office Action that had been previously issued. As a result of the Firm’s efforts, the client’s trademark has since been published and on its way to a successful registration.
February 2017 – The GAME ATTORNEY Attends Largest Toy Fair of its Kind:
Mark J. Ingber, “The Game Attorney,” attended the Toy Fair New York Convention. The Toy Fair is the largest of its kind and featured over 1,126 exhibitors from around the world. The Game Attorney met with several of these companies and discussed the benefits of trademark protection for their new and unique products in the gaming industry.
January 2017- The Ingber Law Firm Successfully Avoided Costly Litigation for Author By Negotiating a Favorable Settlement Agreement:
The Ingber Law firm successfully negotiated a favorable settlement agreement for an author who was accused of infringing on another author’s copyrighted material. The Firm was able to save the accused author from a costly and time consuming litigation by effectively arguing copyright infringement defenses for the client, resulting in a prompt and satisfying resolution of the dispute.
November 2016 – The Ingber Law Firm Negotiates Successful Settlement for Popular California Novelty Inventor Against Large U.S. Retail Company:
The Ingber Law Firm successfully negotiated settlement of a trademark and trade dress infringement lawsuit in favor of its client, a popular California novelty inventor, against a large U.S. retail company. The Firm avoided the client a costly and time consuming lawsuit while obtaining the client a satisfying settlement and resolution of the lawsuit.
October 2016 – The Ingber Law Firm Represents the Alzheimer’s Foundation of America and Successfully Negotiated the Change of Infringing Domain Names:
The Ingber Law Firm represents a leading organization, the Alzheimer’s Foundation of America, which provides care and support to individuals with Alzheimer’s disease and related dementia, in sending cease and desist letters to organizations utilizing domain names which infringe on Alzheimer’s Foundation of America’s trademark rights. The Ingber Law Firm has swiftly negotiated changes of the infringing domain names without having to resort to costly litigation.
September 2016 – The Ingber Law Firm Represents Famous Musical Group Kool and the Gang and Successfully Obtained the Removal of Trademark and Copyright Infringing Material From Unauthorized Website:
The Ingber Law Firm represented the famous music Band Kool and the Gang in filing a trademark and copyright infringement complaint with Facebook regarding an infringing page improperly using the Band’s name, images, and trademarks. The infringing page was owned by a foreign music promotion company which was using the page to deceive users into purchasing tickets to a concert with the false impression that the Band would be performing. The Ingber Law Firm quickly intervened and successfully handled the complaint, resulting in the successful and speedy removal of the infringing page.
August 2016 – The VAPOR ATTORNEY® Continues to be the Preeminent Intellectual Property Counsel in the Electronic Cigarette Industry:
Over the past two years, Mark J. Ingber, the Vapor Attorney®, has become the go-to counsel in the E-Cig industry, having applied for and/or registered numerous trademarks and copyrights worldwide for clients such as Shop Global Vapor, Spectrum Vapor, Twelve, Hold Fast Vapors, Vape Magazine, ISM, Fogwind, Vapergate, and Earths Bounty. During this time, the Vapor Attorney® has learned important aspects of the E-Cig Industry and is uniquely qualified to work with E-Cig clients to protect your IP portfolio and maximize growth. The Vapor Attorney® has kept his E-Cig clients up-to-date with the latest news regarding the deeming FDA regulations on the E-Cig industry as well as the pending lawsuits from companies such as Nicopure and the political efforts of the various coalitions fighting to protect the E-Cig industry’s rights.
July 2016 – The Ingber Law Firm Swiftly Negotiates Copyright Infringement Dispute Resolution:
The Ingber Law Firm represented a prominent E-Cig magazine in negotiating an alleged copyright infringement dispute. A copyright owner sent a cease and desist letter to the Ingber Law Firm’s client threatening litigation and demanded an unreasonable settlement offer as an alternative. The Ingber Law Firm provided solid legal arguments to dispute the alleged copyright infringement claims. The Ingber Law Firm was able to negotiate the settlement offer down drastically to a de minimus amount and resolve the dispute quickly and amicably without resorting to lengthy and costly litigation, saving the client thousands of dollars.
June 2016: CONGRATULATIONS to our longtime client and dear friend Shari Spiro, President of Ad Magic games, manufacturer of Cards Against Humanity, Exploding Kittens and dozens of custom tabletop games & promotional items, for being selected as the 2016 New Jersey Entrepreneur of the Year!! Check out her acceptance speech below where she gives a shout out to her attorney, Mark J. Ingber for helping her make it all happen!! https://lnkd.in/ePbtY2b.
April 2016: The Ingber Law Firm continues to be the Preeminent Counsel in the Game Industry:
Mark J. Ingber, a/k/a the Game Attorney, has become the go-to counsel in the game industry, counseling game developers on legal matters and applying for and/or registering numerous trademarks and copyrights worldwide for today’s hottest games, such as: Pixel Pals, Clunatics, Letter Tycoon, Poop the Game, Circular Reasoning, What the Food?!, Adjitation, Chipkards, The Cupcake Deck, and Billionaire Banshee. The Game Attorney will work diligently to protect your IP portfolio in a manner that suits game companies of all sizes and types.
March 2016 – The Vapor Attorney® Protects Client Trademark by Filing Suit and Having Infringing Products Removed and Restitution and Damages Paid to Client
Mark J. Ingber, The Vapor Attorney® represented Spectrum Vapor, a Florida ECig company, in suing an infringing California ECig company advertising products using their identical SPECTRUM VAPOR name and website to mislead consumers. The Vapor Attorney® negotiated a settlement agreement, which consisted of the infringing company’s immediate discontinued use of the infringing products and advertisements, as well as a large monetary restitution award for damages and paid legal fees. The matter was handled quickly and most importantly, the infringing products were taken out of the marketplace.
February 2016 – The Ingber Law Firm Successfully Defends a China Based Dress Manufacturer in a Trademark Infringement Lawsuit Filed in the District Court of Illinois
In a case alleging trademark infringement, The Ingber Law Firm successfully defended an international dress manufacturing company. The Ingber Law Firm represented this client in 2013 for similarly alleged claims and successfully negotiated a settlement with no damages awarded and obtained the prompt reinstatement of the domain names to the client. However, the client was again named in a case filed in the District Court of Illinois by the same plaintiff, despite a settlement agreement in place. The Ingber Law firm was able to get the case quickly dismissed and negotiated for an undisclosed settlement award to the client.
January 2016 – The Ingber Law Firm Successfully Convinces Internet Court (ICANN) to Transfer Infringing Domain Name to Client
The Ingber Law Firm represented Able Security Locksmith Inc. in filing an ICANN domain name suit against an infringing New Jersey locksmith company operating a domain name with an identical name to mislead consumers. The Ingber Law Firm successfully argued that the infringing domain name was registered and being used in bad faith as a means to mislead consumers into purchasing services through the infringing competitor and thus damaging Able Security Locksmith’s brand. ICANN found that the infringing competitor had no rights or legitimate interest to the domain name and that the domain name was registered and was being used in bad faith. ICANN ordered the immediate transfer of the domain name.
December 2015 – The VAPOR ATTORNEY is the Preeminent Counsel in the Electronic Cigarette Industry
Over the past two years, Mark J. Ingber, a/k/a The Vapor Attorney has become the go-to counsel in the E-Cig industry, having applied for and/or registered numerous trademarks and copyrights for clients such as Halo, Twelve, Hold Fast Vapors, ISM, Fogwind, Vaporgate, Vape Fuel and Earth’s Bounty. During this time The Vapor Attorney has learned the important aspects of the E-Cig industry and is uniquely qualified to work with E-Cig clients to protect your IP portfolio and maximize growth.
November 2015 – The GAME ATTORNEY is the Preeminent Counsel in the Game Industry
Mark J. Ingber, a/k/a the Game Attorney has become the go-to counsel in the game industry, counseling game developers on legal matters and applying for and/or registering numerous trademarks and copyrights for today’s hottest games, such as Clunatics, Letter Tycoon, Circular Reasoning, What the Food?!, Adjitation, Chipkards, The Cupcake Deck, and Billionaire Banshee. The Game Attorney will work diligently to protect your IP portfolio in a manner that suits game companies of all sizes and types.
August 2015 – The VAPOR ATTORNEY Attends Numerous E-Cigarette Conventions Across the Country
Over the past months, Mark Ingber, aka The Vapor Attorney, has been attending numerous e-cigarette conventions, such as the Miami Vape Expo, the Chicago Vapor Expo, the NJ Vape Expo, and the ECC Expo in Pomona, California. At these conventions the Vapor Attorney has met with hundreds of e-cigarette companies and discussed the benefits of trademark protection, as many of these companies have unique flavor names that require protection.
July 2015 – The Ingber Law Firm Protects Client Trademarks through Cease and Desist Letter
The Firm served a cease and desist letter on a competitor of Hold Fast Vapor, Inc., one its clients in the e-cigarette industry. The competitor was using Hold Fast Vapor’s e-liquid flavor trademarks without permission. After the service of the cease and desist letter, the Firm was able to foster a quick resolution, which included the competitor ceasing any further use of the infringing trademarks.
June 2015 – The Ingber Law Firm Counsels Kool and The Gang on the Unauthorized Use of Its Trademark in the United Arab Emirates
The Ingber Law Firm represents the well-known musical group Kool & The Gang, which had reported unauthorized uses of their trademarks in promotional material in the United Arab Emirates. With the counsel of the Ingber Law Firm, Kool & The Gang was able to amicably resolve the issue, without the need for legal action, while still protecting the group’s intellectual property and preventing the unauthorized use of the its trademarks.
May 2015 – The Ingber Law Firm Provides Client with Additional Intellectual Property Protection
In addition to the numerous trademarks that the Ingber Law Firm files on behalf of its clients, the Firm also advises its clients to protect their intellectual property through copyright protection of their original website and other images. For example, the Firm counseled one of its Non-Profit clients to protect its intellectual property through the filing of copyrights for their various television programs.
April 2015 – The Ingber Law Firm Aids in Successful Trademark Infringement Lawsuit in France
The Ingber Law Firm, working with French local counsel, won a trademark infringement suit filed in France against French e-cigarette manufacturer V.F.P. France on behalf of its client Nicopure Labs, the parent company of e-liquid manufacturer and electronic cigarette supplier Halo Cigs. The French Tribunal of Paris (Tribunal de Grande Instance) found V.F.P infringed upon 12 Nicopure Labs trademarks, after it was discovered V.F.P. had fraudulently registered brand names with the National Institute of Industrial Property (INPI) for products Nicopure Labs has been selling in France since 2010.
The following is a summation of the French court’s ruling:
- V.F.P. must transfer ownership of those 12 French trademarks to Nicopure Labs, LLC.
- Ruled that V.F.P. committed trademark infringement by marketing products under these names in France.
- Ordered V.F.P. to pay Nicopure Labs the sum of 40,000 EUR in damages and 6,000 EUR in court costs.
For a copy of an English translation of the decision of the French court click HERE.
March 2015 – The Ingber Law Firm Navigates Multi-Jurisdictional Trademark Dispute
The Ingber Law Firm successfully negotiated a lucrative resolution of a trademark dispute between its longtime Montclair client, Applegate Farm Homemade Ice Cream and organic meat conglomerate, Applegate Farms. These negotiations included the resolution of Federal Court action, an AAA arbitration, a commercial mediation, and defined the companies’ respective rights going forward.
February 2015 – The Ingber Law Firm Successfully Resolves an ICANN Domain Name Dispute on Behalf of its Client
The Ingber Law Firm filed and successfully prosecuted, an ICANN domain name dispute against a Chinese national who had adopted a domain which infringed upon our client’s registered trademarks. The ICANN dispute was resolved at an early stage, with the ownership transfer of the domain name at issue from the infringer to our client. We were also able to recoup the bulk of the filing fee.
January 2015 – The Ingber Law Firm Files Trademarks for Local Charity Organizations
The Ingber Law Firm filed trademarks for nationwide charity organizations, the Alzheimer’s Foundation of America and the HealthCare Chaplaincy Network, in order to protect the valuable intellectual property of these organizations.
December 2014 – The Ingber Law Firm Counsels “Kool and the Gang” on UAE
Registration
The Ingber Law Firm counseled longtime client and famous musical group, “Kool and the Gang” on the complicated process of filing trademarks in the United Arab Emirates and El Salvador, which includes obtaining Power of Attorney and certification, by the New Jersey Secretary of State, the United States Secretary of State, and the UAE Embassy.
November 2014 – The Ingber Law Firm obtains dozens of U.S. Customs and Border Certificates for its clients.
U.S. Customs & Border Protection (CBP), a bureau of the Department of Homeland Security, maintains a trademark recordation system for marks registered at the United States Trademark Office. Parties who register their marks on the Principal Register may record these marks with CBP, to assist CBP in its efforts to prevent the importation of goods that infringe registered marks. The recordation database includes information regarding all recorded marks, including images of these marks. CBP officers monitor imports to prevent the importation of goods bearing infringing marks, and can access the recordation database at each of the 317 ports of entry.
October 2014 – The Ingber Law Firm successfully overcame a refusal by the USPTO against its client’s (Nicopure Labs) MIDNIGHT APPLE mark by entering into a Consent Agreement with Walgreens.
Nicopure’s MIDNIGHT APPLE Trademark Application was refused by the USPTO due to Walgreens’ MIDNIGHT Trademark. Walgreens and Nicopure entered into a mutually beneficial Consent Agreement where each party agreed not to contest (and also to consent) to the other’s respective trademark. In turn, the USPTO withdrew its objection and the MIDNIGHT APPLE Application is now proceeding to Registration.
September 2014 – N.Y. Supreme Court grants Motion to Dismiss brought by Ingber Law Firm
The Ingber Law Firm successfully obtains dismissal of a 2014 breach of contract lawsuit filed against its’ client, Kashmir Crown Baking (“KCB”). The New York Supreme Court determined that the 2014 lawsuit was strikingly similar to a previously dismissed 2012 lawsuit filed against KCB and represented an improper second bite at the apple.
August 2014 – The Ingber Law Firm succeeds in protecting Shark Defense’s copyrighted material on the internet.
The Ingber Law Firm filed a DMCA Takedown Notice with Facebook on behalf of its client Shark Defense regarding a former employee’s use of its copyright registered Hammerhead shark photos. Both Facebook and the former employee relented and the result was the removal of all infringing content.
June 2014 – The Ingber Law Firm continues to expand Trident Group, LLC’s portfolio of international trademark filings with applications in Europe, South America, Southeast Asian and the Pacific Rim.
In addition to registering our client’s marks worldwide, we are also policing the Trident marks internationally and have pursued trademark infringement actions in Mexico, France, Spain and Morocco in order to protect our client’s valuable intellectual property.
May 2014 – The Ingber Law Firm succeeds in stopping a locksmith scammer from taking advantage of the business reputation of our client, Able Security Locksmiths, by illegally copying our client’s domain name.
Scammers across the country have set out to take on business and domain names which mimic those of successful, reliable small businesses, then provide cut rate services by unlicensed technicians. One of those scammers targeted our client by purchasing the nearly identical www.ablesecuritylocksmith.com domain name and offering its services as a ‘mobile locksmith’. Using our knowledge of global domain name policies regarding the registration and maintenance of internet domain name registration, we succeeded in having this scammer’s website shut down, thereby protecting our client’s good name in the community.
April 2014 – The Ingber Law Firm protects Strawberry Fields, a small chain of New Jersey frozen yogurt stores, from bullying by a large ice cream manufacturer.
When our client, Strawberry Fields, received a cease and desist letter from a Canadian company alleging that they were infringing on their registration for an ice cream flavor, The Ingber Law Firm successfully defended their client’s use of the mark, noting that our client’s use of Strawberry Fields paid homage to the Beatles and the spirit of the 1960’s, and that it bore no relation whatsoever to an ice cream flavor. Therefore, the matter was resolved without escalation.
March 2014 – Ingber Law Firm successfully negotiates acquisition of the EVO VAPOR registration on behalf of our client Nicopure Labs, LLC.
The Ingber Law Firm navigates EVO VAPOR registration, which was blocking registration of our client’s registration for its important EVO mark. Specifically, we successfully negotiated the transfer of full control of the EVO VAPOR mark to Nicopure, with a license back to the original mark holder, so as to benefit both parties to the agreement.
February 2014 – Ingber Law Firm overcomes Trademark Office Examiner’s objections, leading to registration of our client’s trademark application.
The Ingber Law Firm intercedes and drafts a persuasive legal argument which served to overcome the Trademark Office Examiner’s objections and obtain trademark protection for our client’s MUVI® mark. Our legal memorandum highlighted the clear and distinct nature of the services offered by our client and those offered under the marks the Examiner viewed as conflicting, as well as the history of treatment of similar marks before the Trademark Office. This resulted in the Examiner withdrawing his objections and the mark proceeding to registration.
January 2014 – Ingber Law Firm files successful Cancellation proceeding in order to remove obstacle to its client’s pending application.
The Ingber Law Firm files a Petition before the Trademark Trial and Appeal Board (TTAB) to Cancel the TRIBECA trademark owned by Tribeca Cigars, which was blocking registration of our client Trident Group, LLC’s TRIBECA mark as used in connection with electronic cigarette liquid. Said Cancellation resulted in a prompt settlement, in which our client Trident Group gained full control of the TRIBECA mark via assignment.
December 2013 – Ingber Law Firm files a successful lawsuit in the Federal District Court of New Jersey on behalf of its client Trident Group, LLC to enjoin infringement and dilution of its HALO e-cigarette trademark.
The Ingber Law Firm filed a lawsuit for trademark infringement and dilution to enjoin the illegal activities of California company, LA Trendz, Inc., and its principal Nidal Haddadin based on Trident’s prior use of the HALO Mark. Soon thereafter, The Ingber Law Firm successfully negotiated the prompt settlement of this matter which resulted in Trident gaining full control of the HALO Mark.
November 2013 – Ingber Law Firm provides counsel to Trident Group and Nicopure Labs of New Jersey, leading manufacturers and distributors of HALO and NICOPURE e-cigarettes, e-liquids and related products.
The Ingber Law Firm is representing Trident Group, LLC of Pompton Plains, NJ and Nicopure Labs, LLC of Kinnelon, NJ as they experience incredible success and the resultant rapid expansion of both their product lines and sales territory. Our counsel is guiding them in the protection of their growing portfolio in the U.S. and around the world.
October 2013 – Ingber Law Firm files a successful lawsuit in the Federal District Court of New Jersey on behalf of its client, Gasoline Advertising Products (“GAP”), to enjoin competitors from infringing its GAP trademark.
The Ingber Law Firm filed a lawsuit for trademark infringement, cybersquatting and other related claims to enjoin the illegal activities of GAP’s competitors. This suit was successfully settled to GAP’s advantage with the defendant agreeing to: transfer the infringing domain names to GAP and permanently cease any usage of the GAP Marks in connection with the manufacturing, distributing, advertising or sale or offer of any gasoline advertising goods or services.
September 2013 – The Ingber Law Firm successfully defends Jersey City beauty supply retailer against a trademark infringement lawsuit filed by world famous Coach in New Jersey’s Federal District Court alleging the sale of counterfeit scarves.
In a case where Coach sought $2,000,000 in damages, claiming trademark infringement by alleged sale of counterfeit scarves which were alleged to be substantially similar to scarves manufactured, marked, distributed and sold by Coach and bearing Coach’s registered trademarks, the Ingber Law Firm successfully defended a local New Jersey beauty supply retailer and its owner. The Ingber Law Firm negotiated a settlement with minimal damages.
August 2013 – Ingber Law Firm successfully defends China based bridal manufacturer in trademark infringement lawsuit filed in New York’s Federal Southern District Court.
In a case alleging trademark infringement, The Ingber Law Firm successfully defended an international bridal manufacturing company. Prior to being retained, the bridal company was already subject to a Preliminary Injunction Order which resulted in its domain names being frozen and rendered inoperable, essentially shutting down their business. However, The Ingber Law Firm negotiated a settlement with no damages awarded and obtained the prompt reinstatement of the domain names to the company, allowing them to continue doing business.
July 2013 – Ingber Law Firm provides counsel to leading wholesaler & distributor of specialty foods from Turkey & Mediterranean regarding a variety of business relationships.
The Ingber Law Firm successfully worked closely with Turkana Food, of Union County, NJ, a leading wholesaler and distributor for specialty foods from Turkey and the Mediterranean, and provided counsel which successfully allowed for the protection of their many brand names and their business identity.
June 2013- Ingber Law Firm files lawsuit in Federal District Court of New Jersey for trademark infringement on behalf of its client Anello® Fence of Morris County, NJ.
The lawsuit asserts causes of action for trademark infringement and misrepresentation against a competitor for infringing use of the Anello® mark a mere 3/4 of a mile from Anello® Fence’s showroom. This blatant attempt to confuse the consuming public and flagrantly misrepresent an affiliation with and pass off their services as those of the registered trademark owner is in violation of State and Federal law. Clipper Magazine and Shopper’s Guide, both direct mail marketing companies, were also named as defendants in the lawsuit because the competitor utilized their services in order to publish advertisements which infringed on the Anello® federal registration. Anello® Fence seeks compensatory damages in an amount not less than $1,000,000 and punitive damages not less than $3,000,000.
May 2013 – Ingber Law Firm obtains Permanent Injunction on behalf of its client Splurge® Bakery of Millburn, NJ against newly opened South Orange business named Splurge Café.
In order to protect the rights of its client, owner of the registered trademark Splurge®, The Ingber Law Firm Filed an Order to Show Cause for a Temporary Restraining Order against the infringer. The infringer soon after agreed to enter into a Consent Order and Permanent Injunction which forced them to change their business name, forbids them from any further infringing activities and protects the Splurge® trademark.
April 2013 – N.Y. Supreme Court grants Motion to Dismiss brought by Ingber Law Firm on behalf of its client.
The Ingber Law Firm successfully obtains dismissal of lawsuit on behalf of its client, Kashmir Crown Baking. The contract dispute, which was brought before the New York Supreme Court, bore a striking resemblance to a trademark infringement case already pending before the United States District Court, District of New Jersey. Therefore, the Supreme Court agreed with The Ingber Law Firm that proceeding on the same matter in two different courts would prove both costly and counterproductive to all parties involved and the Motion to Dismiss was granted.
March 2013 – Ingber Law Firm successfully opposes Motion to Reopen Discovery in a contested trademark proceeding.
The Ingber Law Firm, on behalf of its client, Paradise Biryani Pointe (a successful Indian restaurant chain), opposed Paradise Hospitality Group’s (“PHG”) Motion to Reopen Discovery before the Trademark Trial and Appeals Board. PHG attempted to prolong litigation by serving voluminous discovery demands 1 day after the discovery deadline had passed by claiming “excusable neglect”. The Ingber Law Firm convinced the TTAB that this argument was not a valid one, that PHG was no longer entitled to conduct discovery and the matter should proceed according to the deadlines as previously set forth.
February 2013 – Ingber Law Firm provides counsel to an independent publishing house regarding a variety of business relationships.
Specifically, The Ingber Law Firm drafted agreements between its client and numerous independent authors detailing publishing rights, fees, royalties and deadlines. Such agreements were drafted in relation to bound physical editions, e-books and work-for-hire agreements.
January 2013 – Ingber Law Firm settles protracted trademark dispute between 2 similarly named entities both of which are dedicated to commemoration & history of comedy.
The Ingber Law Firm, hired as substitute counsel, successfully negotiates a complex resolution between two comedy-related organizations which involved oppositions filed in the U.S. Trademark Office and a separate lawsuit in the Federal District Court in New York. The resolution of all proceedings was founded upon a finely defined separation of the two entities to avoid any confusion, enabling the client to register a trademark application which had been suspended for six years. The settlement resolution also involved the client’s transition to a new domain name while using the old domain as a jump site to permanently redirect users, allowing the client to retain the goodwill of the old domain name.
December 2012 – The Ingber Law Firm obtains numerous International and U.S. Trademark Registrations throughout the year on behalf of clients throughout the world.
The Ingber Law Firm has successfully registered trademarks for businesses and individuals including Kool & the Gang, Alzheimer’s Foundation of America, Kashmir Crown Baking, Applegate Farms, Paradise Biryani Pointe and many others. Trademarks successfully obtained were in countries such as Canada, Brazil, the European Union, China, Israel and the United States.
November 2012 – The Ingber Law Firm causes infringer to change its company name in order to avoid confusion with client’s registered trademarks.
The Ingber Law Firm, on behalf of its client, Paradise Biryani Pointe, commenced a “cease and desist” against a newly formed competitive business which had recently adopted a confusingly similar name, “Biryani Pointe and Chat.” After negotiations, the infringer agreed to comply with The Ingber Law Firm’s demands to cease and desist using a business name that was strikingly similar to the client’s trademarks. The infringing company agreed to discontinue all use and promotion of the name in connection with its business, including any signage, website or domain names, advertising and promotion.
October 2012 – The Ingber Law Firm successfully brings a Motion to Dismiss in a copyright infringement case in New Jersey.
The Ingber Law Firm succeeds in obtaining an Order of Dismissal in a New Jersey Federal District Court civil action of Matrix Salesgroup v. several individual defendants. The lawsuit was filed against The Ingber Law Firm’s client, one of the individual defendants, by a former employer, Matrix, and alleged copyright infringement.
August 2012 – The Ingber Law Firm obtains removal of infringing advertisements.
On behalf of its client, Anello Fence, The Ingber Law Firm contacted Life and Leisure Magazine to demand the removal of advertisements which were infringing the client’s registered trademarks. The removal of these advertisements prevented any further trademark infringement.
July 2012 – The Ingber Law Firm conducts large-scale discovery of electronic and paper records in Chicago and New York for Federal District Court of New York case of Alzheimer’s Foundation of America, Inc. v. Alzheimer’s Association.
The Ingber Law Firm, with the assistance of MicroMedia Imaging Systems of New York, began a six month discovery investigation, whereby it examined over 16 million documents on behalf of its client, Alzheimer’s Foundation of America, Inc.
May 2012 – The Ingber Law Firm successfully defends a China based bridal manufacturer in a lawsuit filed against it in New York’s Federal Southern District Court.
In a case alleging both trademark and copyright infringement, The Ingber Law Firm successfully defended an international bridal manufacturing company. Prior to being retained, the bridal company was already behind the 8 ball having had its domain name frozen and rendered inoperable, essentially shutting down the majority of their business. However, The Ingber Law Firm negotiated a settlement with a minimal amount of damages and obtained the prompt reinstatement of the domain name to the company, allowing them to continue doing business.
April 2012 – The Ingber Law Firm successfully obtains an injunction against a trademark infringer.
The Ingber Law Firm brought a lawsuit on behalf of Brennan Tree Experts against Well Done Landscaping & Tree Service, a company that was infringing on Brennan’s trade name. Well Done was diverting calls intended for Brennan by utilizing a strikingly similar name and domain name in its advertising. After commencing a lawsuit in the Federal District Court of New Jersey and seeking an injunction, Judge Stanley Chesler granted an injunction and Brennan were able to settle the case, and Brennan’s trade name was protected.
March 2012 – The Ingber Law Firm files Petitions of Cancellation on behalf of client against junior user of trademarks.
The Ingber Law Firm filed two Petitions of Cancellation with the Trademark Trial and Appeal Board for its client, Paradise Biryani Pointe. The infringer had registered trademarks that are strikingly similar to Paradise Biryani Pointe and which are causing confusion amongst customers. The Paradise Biryani Pointe registered trademarks have priority of first use and are well known throughout the United States.
February 2012 – The Ingber Law Firm provides legal services to new internet business.
The Ingber Law Firm provided legal services for a client launching a new internet business which included trademarks and developing items for their website such as copyright policy, privacy policy statements, and terms of service. The website can be seen at www.theydontknow.org.
November 2011 – The Ingber Law Firm succeeds in obtaining a DMCA Takedown.
The Ingber Law Firm filed a DMCA Takedown Notice with Google and a website server on behalf of a Singapore manufacturer against a former U.S. distributor who was posting infringing content on the internet. Both Google and the website server relented and the result was a complete disablement of the websites and URLs as well as the removal of all infringing content. USPTO Trademark Cancellations and Oppositions were also filed and are pending.
September 2011 – The Ingber Law Firm succeeds in warding off attempt by The Hartford insurance company to drop coverage for legal defense of a business client.
The Ingber Law Firm, in its representation of an Alzheimer’s charity, successfully obtained an agreement in March from the charity’s insurance company for insurance coverage of the charity’s legal defense. However, the insurance company subsequently sought to renege and deny coverage. The Ingber Law Firm succeeded in warding off the insurance carrier’s attempt to drop coverage for the charity’s legal defense.
