Robert B.G. Horowitz

Red Horowitz is an Intellectual Property lawyer with broad experience in trademark (counseling, prosecution and litigation), copyright and trade secret issues, as well as patent infringement matters for hedge funds. He is known for fully understanding his clients’ needs and concerns, and delivers quick service to resolve problems and enable clients to confidently make well-informed decisions.

Experience

• Brought the first case in the United States where a patent owner of perfume bottle designs asserted its design patents to stop the importation of “grey goods.” Due to the structuring of the patent ownership, defeated a motion for summary judgment based on first sale abroad by a foreign trademark owner.
• Heatedly fought on behalf of a U.S. cheese producer against trademark infringement litigation brought by a party funded by the Italian government asserting infringement of the allegedly protectable terms “Parmigiano-Reggiano,” “Parmigiano” and “Reggiano.” The matter was successfully settled due in great part to weaknesses demonstrated in the plaintiff’s case.
• Monitored patent infringement litigation for a hedge fund client that invested in a high-tech company, providing real-time information to the client about a trial in the Northern District of California. The client received a jury verdict within minutes of it being delivered, which enabled the client to act quickly in foreign markets and maximize investment in a party to the litigation before others could so do.
• Attended an International Trade Commission trial to keep a hedge fund client as informed as possible throughout the process. On the first day of the trial, a Monday morning, respondents presented a surprise motion to stay the trial based on United States Patent and Trademark Office reexamination decisions given late the previous Friday. Obtained and reviewed hundreds of pages of documents during the one-day adjournment of a hearing on the motion. Advised the client that a stay of trial could well be granted. The judge heard arguments on the motion the next day and granted the stay. Immediately exited the courthouse and advised the client of the result, who was able to immediately capitalize on its holdings in the market.
• Invoked the Digital Millennium Copyright Act (DMCA) against a Vietnamese concern that had copied the entire online database of a client. The Vietnamese infringer disputed the DMCA claim, which resulted in a copyright infringement lawsuit being commenced despite the client’s lack of existing copyright registration. The lawsuit was successful.
• Asserted the rights of a major retailing client in New York City in a case alleging infringement of a corporation name used in a domain name. Obtained permanent injunction against the domain name infringer.