Jane W. Wise

Trademark and False Advertising Litigation

• International Code Council, Inc.  v. UpCodes, Inc. (2d. Cir.): Obtained unanimous reversal of the district court’s order dismissing ICC’s false advertising claims on the ground that the challenged statements were mere puffery and secured a ruling that ICC had adequately alleged that UpCodes made literally false and materially misleading statements in defendants’ advertising of its products.
• American Society for Testing & Materials d/b/a ASTM International v. Public.Resource.Org Inc. (D.D.C.): Won a motion for summary judgment and a permanent injunction based on a finding that the defendant infringed ASTM’s trademarked logo when it placed ASTM’s logo on unauthorized electronic copies of ASTM’s standards that defendant posted online
• Kanwar v. Walgreen Co. (E.D.N.Y.):  Obtained dismiss with prejudice of a purported false advertising class action based on the alleged failure to disclose the presence of gelatin in a multivitamin because the Food, Drug, and Cosmetic Act does not require the disclosure of gelatin in all circumstances 
• Safety Equipment Institute v. Signature Lacrosse (E.D. Va.): Obtained denial of motion to dismiss or transfer trademark infringement action and secured finding that venue was proper in the district where deceived customers purchased the defendant’s product in the believing they were buying the plaintiff’s products
• Rio Grande Food Products, Inc. v. Cyclone Enterprises, Inc. (S.D. Tex): In gray market importation case, won summary judgment finding that Rio Grande Food Products was an exclusive distributor of Lido-branded products in the US obtained and that the products imported by the defendant were materially different from the Lido-branded products authorized for sale in the US and a permanent injunction, disgorgement of profits, and recovery of attorneys' fees
• Ocusoft, Inc. v. Walgreen Co. (S.D. Tex.): Secured a denial of a motion for temporary restraining order in false advertising case because "the court agrees with Walgreens that there is no immediate threat of irreparable injury"
• Corps Group, Inc. v. Afterburner, Inc. (Ga. App.): Obtained reversal of final judgment of trademark and trade dress infringement and vacation of permanent injunction that was entered after a trial handled by another law firm
• AstraZeneca v. Dr. Reddy’s Laboratories and AstraZeneca v. Camber Pharmaceuticals (D. Del.):  Obtained temporary restraining order and preliminary injunction on infringement and dilution claims in two cases against generic drug manufacturers and secured first fame finding of AstraZeneca’s single-color "purple" color mark.
• Caribe Corp. v. Philips (D.N.J.):  Won summary judgment of no entitlement to monetary relief for any of Caribe’s trademark infringement and related claims.

Copyright Litigation 

• American Society for Testing & Materials d/b/a ASTM International v. Public.Resource.Org Inc. (D.D.C.): Won motion for summary judgment of copyright infringement of 32 works and that secured holding that ASTM’s standards do not lose their copyright protection when they are incorporated by reference by governmental authorities
• Milice v. Consumer Product Safety Comm’n (D.C. Cir.): Won dismissal of a petition of challenging a CPSC regulation incorporating an ASTM copyright-protected standard and seeking to compel the CPSC to publish the ASTM standard without ASTM’s consent
• Eileen Grays, LLC v. Remix Lighting, Inc. (N.D.N.Y.): After securing a copyright registration for the artistic features of a fan/light fixture via an appeal to the Copyright Office in light of the Supreme Court’s decision in Star Athletica, secured permanent injunction prohibiting the defendants from selling infringing fixtures and an award of attorneys’ fees plus costs

Trade Secret Litigation

• SEI Global Services, Inc. v. Dynamo Software, Inc. (E.D. Pa.): Won permanent injunction prohibiting defendants from using trade secret and confidential information related to one of SEI’s products and prohibiting Dynamo from launching any new product that includes features that were the subject of SEI’s trade secret claim for a period of 18 months

• "Copycats Beware: Unintentional Mistake of Law in Copyright Application Does Not Render Registrations Invalid," Mar 2, 2022
• "Supreme Court: Willfulness Unnecessary for Disgorgement of Infringer's Profits Award in Trademark Cases," April 24, 2020
• "Federal Circuit: Color Marks for Product Packaging Can Be Inherently Distinctive," April 15, 2020
• "CAFC: Improper Assignment Voids Trademark Registration," Dec 22, 2016
• "DMCA Safe Harbor Protection Requires Action Under New Copyright Regulations," Nov 30, 2016