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Richard A. De Sevo

Richard A. De Sevo

Of Counsel

New York
T: +1 212 836 8009
F: +1 212 836 8689


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Beratungsschwerpunkte

Ausbildung

  • George Washington University National Law Center
    JD, 1976, Honors
  • Syracuse University
    AB, magna cum laude, 1973, Phi Beta Kappa

Zulassung(en)

  • New York
  • Southern and Eastern Districts of New York
  • US Court of Appeals for the First, Second, Third, Fourth, Fifth, Sixth, Ninth, Eleventh and Federal Circuits
  • United States Supreme Court

Richard A. De Sevo has extensive litigation, class action and counseling experience in trademark, trade dress, false advertising, consumer fraud and copyright matters. Richard has litigated numerous trademark and false advertising actions under the Lanham Act, successfully defended over 30 state and national putative consumer fraud class actions in New York, California, Texas, Illinois, Massachusetts, Florida, Alabama and Louisiana.

In addition to numerous other litigations in these fields, Richard has represented clients in alternative dispute resolution proceedings before the National Advertising Division of the Council of the Better Business Bureaus and in investigations by state attorneys general under state consumer fraud and deceptive trade practices acts.

Richard’s representative matters include:

  • Obtaining a preliminary injunction and consent decree enjoining Steve Hershey from using the Hershey Company’s famous trade dress in political advertising, Hershey Co. v. Friends of Steve Hershey, 33 F. Supp. 3d 588 (D. Md. 2014)
  • Successful defense of Hershey against a claim that its KISSES mark was generic (D.N.J.) and against a preliminary injunction action asserting trademark infringement and false advertising claims that sought to stop the launch of Hershey’s SmartZone bar (D. Mass.)
  • Obtaining a permanent injunction barring the designer Joseph Abboud from infringing JA Apparel’s JOSEPH ABBOUD trademarks, JA Apparel Corp. v. Abboud, 682 F. Supp.2d 294 (S.D.N.Y. 2010).
  • Denial of certification of class of purchasers of anti-aging cosmetics, In re Avon Anti-Aging Skincare Creams & Prods. Marketing & Sales Practices Litig, 2015 U.S. Dist. LEXIS 133484 (S.D.N.Y.).
  • Successful appeals of orders certifying a class of Listerine purchasers alleging consumer fraud claims under Massachusetts  and California law, Kwaak v. Pfizer, 71 Mass. App. Ct. 293 (2008); Pfizer Inc. v. Superior Court, 182 Cal. App. 4th 622 (2010).
  • Dismissal of consumer fraud claims on grounds of federal preemption, Mills v. Warner-Lambert Co., 581 F. Supp.2d 772 (E.D. Tex. 2008), and Kanter v. Warner-Lambert Co., 99 Cal. App. 4th 780 (Cal. Ct. App. 2002).
  • Successful defense of ABC and Granada Entertainment against claims that the television program “I’m a Celebrity – Get Me Out of Here” infringed CBS’s copyright and trade dress rights to the television program “Survivor”, CBS Broadcasting Inc. v. ABC, Inc., 2003 U.S. Dist. LEXIS 20258 (S.D.N.Y.)

Richard has also participated in several major antitrust matters, including class actions, dealer termination and monopolization cases, and was the principal draftsman of Indian Head’s successful brief in the Supreme Court in Allied Tube & Conduit Corp v. Indian Head, Inc., 486 U.S. 492 (1988).

Richard is the author of “Consumer Standing Under Section 43(a) – An Issue Whose Time Has Passed,” 88 Trademark Reporter 1 (1998) and “Antidilution Laws: The Unresolved Dilemma of Preemption Under the Lanham Act,” 84 Trademark Reporter 300 (1994).He also co-authored with Milton Handler “The Noerr Doctrine and Its Sham Exception,” 6 Cardozo Law Review 1 (1984). He has also been a member of the Editorial Board of the Trademark Reporter and has served as a member of several bar association committees in his areas of concentration.


Richard A. De Sevo has extensive litigation, class action and counseling experience in trademark, trade dress, false advertising, consumer fraud and copyright matters. Richard has litigated numerous trademark and false advertising actions under the Lanham Act, successfully defended over 30 state and national putative consumer fraud class actions in New York, California, Texas, Illinois, Massachusetts, Florida, Alabama and Louisiana.

In addition to numerous other litigations in these fields, Richard has represented clients in alternative dispute resolution proceedings before the National Advertising Division of the Council of the Better Business Bureaus and in investigations by state attorneys general under state consumer fraud and deceptive trade practices acts.

Richard’s representative matters include:

  • Obtaining a preliminary injunction and consent decree enjoining Steve Hershey from using the Hershey Company’s famous trade dress in political advertising, Hershey Co. v. Friends of Steve Hershey, 33 F. Supp. 3d 588 (D. Md. 2014)
  • Successful defense of Hershey against a claim that its KISSES mark was generic (D.N.J.) and against a preliminary injunction action asserting trademark infringement and false advertising claims that sought to stop the launch of Hershey’s SmartZone bar (D. Mass.)
  • Obtaining a permanent injunction barring the designer Joseph Abboud from infringing JA Apparel’s JOSEPH ABBOUD trademarks, JA Apparel Corp. v. Abboud, 682 F. Supp.2d 294 (S.D.N.Y. 2010).
  • Denial of certification of class of purchasers of anti-aging cosmetics, In re Avon Anti-Aging Skincare Creams & Prods. Marketing & Sales Practices Litig, 2015 U.S. Dist. LEXIS 133484 (S.D.N.Y.).
  • Successful appeals of orders certifying a class of Listerine purchasers alleging consumer fraud claims under Massachusetts  and California law, Kwaak v. Pfizer, 71 Mass. App. Ct. 293 (2008); Pfizer Inc. v. Superior Court, 182 Cal. App. 4th 622 (2010).
  • Dismissal of consumer fraud claims on grounds of federal preemption, Mills v. Warner-Lambert Co., 581 F. Supp.2d 772 (E.D. Tex. 2008), and Kanter v. Warner-Lambert Co., 99 Cal. App. 4th 780 (Cal. Ct. App. 2002).
  • Successful defense of ABC and Granada Entertainment against claims that the television program “I’m a Celebrity – Get Me Out of Here” infringed CBS’s copyright and trade dress rights to the television program “Survivor”, CBS Broadcasting Inc. v. ABC, Inc., 2003 U.S. Dist. LEXIS 20258 (S.D.N.Y.)

Richard has also participated in several major antitrust matters, including class actions, dealer termination and monopolization cases, and was the principal draftsman of Indian Head’s successful brief in the Supreme Court in Allied Tube & Conduit Corp v. Indian Head, Inc., 486 U.S. 492 (1988).

Richard is the author of “Consumer Standing Under Section 43(a) – An Issue Whose Time Has Passed,” 88 Trademark Reporter 1 (1998) and “Antidilution Laws: The Unresolved Dilemma of Preemption Under the Lanham Act,” 84 Trademark Reporter 300 (1994).He also co-authored with Milton Handler “The Noerr Doctrine and Its Sham Exception,” 6 Cardozo Law Review 1 (1984). He has also been a member of the Editorial Board of the Trademark Reporter and has served as a member of several bar association committees in his areas of concentration.