999 Central Avenue, Suite 100-D
Woodmere, NY 11598

(516) 268-7077


Gimme your money, man, you hijacked my trademark

Ok, it’s 9:01 Monday morning and I get that call. Sometimes its a stranger, sometimes it’s an existing client. Client is panting and enraged, like Clark Gable in Gone With The Wind. “Someone is infringing my trademark.” My response, “Ok, that’s awful, deep breath.” Client wants to know what our choices are.

Well, if you have good proof, we can get an injunction and fast. Can we recover the infringers’ profits? That is quite literally the million dollar question. It’s like asking who will kickoff? The old-fashioned coin toss. The good news is that this year we might actually get clarity.

Currently, the appeal in Romaq Fasteners v. Fossil, will examine exactly this question. The holding here can offer clarity, but may also shift results. Perhaps infringers will be more lax. Maybe some will be less or more likely to file trademarks. Maybe people will file less lawsuits. May even change the processing speed of trademark applications. Stay tuned for the next episode of trademark lawsuits, fortunately, if you are reading at home, it will not be available on Netflix.

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    Rubinstein Law Firm

    The Rubinstein Law Firm proudly serves all of New York for divorce and other state matters and the whole country on intellectual property related matters.


    • What kind of cases do you handle?
    • Family Law Cases such as:

      – Divorce- both contested and uncontested, same sex and gray divorce

      – Custody

      – Support

      – Alimony/ Maintenance

      – Equitable Distribution

    • Intellectual Property cases such as:

      – Patents

      – Copyrights

      – Trademarks, Service Marks and Trade Dress

      – Data Privacy

      – Transactional work such as: Terms and Conditions, IP registration and enforcements and cease and desists

      – Any other IP related matter.

    • How much will my matter cost?
      • Our firm has a different philosophy than virtually any other, we try to close cases quickly. We recognize if you are happy, you will refer us clients. In most matters, it will depend on how complicated the facts and/or legal issues are and how willing the parties are to settle.
    • How does your firm have two differing specialties?
      • We spend a lot of money, time and resources to remain experts in our respective fields. Join the parties and opposing counsels who are baffled by our expertise in both areas.

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