Tamar Y. Duvdevani

Partner

US Chair, Trademark, Copyright and Media

Tamar is phenomenal and is one of very few people I'd want in my corner in a tough fight.

— Chambers USA

Emailtamar.duvdevani@dlapiper.com

Call+1 212 335 4799

New York

About

Areas of FocusConsumer Goods, Food and Retail Media, Sport and Entertainment Intellectual Property Trademark and Copyright Counseling, Strategy, Enforcement and Prosecution Trademark and Copyright Litigation Advertising, Marketing and Promotions

Bar admissionsNew York

CourtsUnited States District Court for the Southern District of New YorkUnited States Court of Appeals for the Second CircuitUnited States Court of Appeals for the Fourth CircuitUnited States Court of Appeals for the Ninth CircuitUnited States District Court for the Eastern District of New YorkUnited States District Court for the Western District of New YorkUnited States District Court for the District of Colorado

EXPERIENCE

Representative Cases

NTAA v. Nordstrom et al (C.D. Cal.) – Obtained dismissal with prejudice against trademark plaintiff as a terminating sanction after establishing discovery misconduct in the form of massive spoliation of evidence
Jones v. Nike (S.D. Tex.) – Obtained summary judgment victory against plaintiff by proving that plaintiff's use of asserted "Ballin" trademark was insufficient to establish trademark rights
Nike, Inc. v. StockX LLC (SDNY) – representing Nike in trademark infringement and dilution claims against StockX over sales of unauthorized Nike-branded NFTs
Dr. Seuss Enterprises v. ComicMix LLC et al (9th Circuit) – obtained precedential reversal for Dr. Seuss Enterprises in copyright appeal relating to infringement of iconic Seuss works, including Oh The Places You'll Go, followed by consent judgment and permanent injunction on remand
GOLO LLC v. Goli Nutrition Inc. (D. Del.) – represented Goli Nutrition in trademark infringement and false advertising litigation; obtained win in defeating a preliminary injunction motion followed by a jury trial with a verdict for Goli in under 30 minutes
Kawhi Leonard v. NIKE, Inc. (D. Oregon) – represented NIKE in copyright litigation relating to ownership and infringement of "Claw" design used by NIKE during endorsement deal with the NBA MVP. Obtained judgment on the pleadings confirming NIKE as the owner of the design and dismissing Leonard's complaint
AVELA et al v. Estate of Marilyn Monroe (S.D.N.Y.) – representing the Estate of Marilyn Monroe in trademark infringement and false endorsement litigation brought as a declaratory judgment by licensing entity
Tigercat Int'l v. Caterpillar Inc. (TTAB) - representing Tigercat in TTAB opposition relating to TIGERCAT mark
Night Owl SP, LLC v. Dongguan Auhua Electronics Co., LTD, et al., (M.D.Fla) – representing plaintiff Night Owl in trademark and counterfeiting dispute Successfully obtained preliminary injunction against defendant, including an order cancelling defendant's fraudulently obtained trademark registration
Protect-A-Car Wash Sys v. Car Wash Partners (D. MD.) – Obtained summary judgment for defendant, the largest national car wash chain, in trademark and unfair competition claims relating to MISTER CAR WASH mark
Noosa Yogurt v. Hain Celestial (D. Col.) – represented Hain Celestial in trade dress infringement action relating to yogurt packaging
St. Jude Medical v. Volcano Corp. (D. Del.) – represented St. Jude in series of patent litigations relating to diagnostic cardiovascular guide wire technology
Ernest Evans et al v. Home Depot et al (S.D. Fl.) – represented Home Depot in trademark infringement and right of publicity lawsuit litigation relating to alleged infringement of Ernest Evans' (aka Chubby Checker) name
Spinelli et al v. Associated Press et al. (S.D.N.Y.) – represented AP in copyright litigation and related claims against group of sports photographers alleging unlawful use of NFL-related photographs
Echo Design Group v. Arcadia Group Ltd. (S.D.N.Y.) – represented defendant Arcadia Group (TopShop) in patent litigation relating to touchscreen glove technology
God, Gold & Moore v. Nike (S.D.N.Y.) – represented Nike in trademark infringement litigation relating to graphic design used on defendant’s graphic tee
Cameron Industries, Inc. v. Mothers Work, Inc. (S.D.N.Y.) - represented the defendant apparel company in copyright litigation concerning fabric patterns and successfully obtained summary judgment dismissing the action, which was subsequently affirmed by the Second Circuit
Superpoints v. Rakuten Inc. (N.D. Cal.) – represented Rakuten in trademark and unfair competition litigation over use of RAKUTEN SUPER POINTS

Education

J.D., Fordham University School of Law 2002
Associate Editor, Fordham Intellectual Property, Media and Entertainment Law Journal

B.A., Cornell University 1996

Awards

Bylines

"New York Just Made It Easier for Artists to Protect Their Image After They Die (Guest Column)," Billboard, December 11, 2020
Co-author, "SCOTUS invites Solicitor General's position on copyright registration pre-suit requirement," Media, Sport and Entertainment Online, February 2, 2018
Multiple articles for DLA Piper's Re:Marks on Copyright and Trademark Blog

Seminars

Media Mentions

Prior Experience

Before joining her former firm in the fall of 2005, Tamar was a law clerk to the Honorable Andrew J. Peck, Chief Magistrate Judge, Southern District of New York.

Memberships And Affiliations