Trademark, Copyright and False Advertising Group
Technology, Intellectual Property and Outsourcing Group
pllewellyn@kayescholer.com
New York
T: (212) 836-7828
F: (212) 836-6463
Trademark, copyright and related matters on which Mr. Llewellyn has worked include the prosecution of numerous cases involving infringement of Pfizer's VIAGRA trademark, Hershey's KISSES, HERSHEY and REESE'S trademarks and trade dresses, and other prominent marks; the prosecution of an action involving the counterfeiting of Pfizer's LIPITOR medicine, including recovery of victim's compensation in related criminal proceedings; the defense of Staples' THAT WAS EASY slogan in an action brought by Boise Office Products; the prosecution of an action against Simon & Schuster relating to its use on a book cover of Hershey's well-known trademarks and trade dress; the defeat of a preliminary injunction action in which ZonePerfect Nutrition Co. sought to stop the launch of Hershey's SmartZone nutrition bar; the defense of Staples in an action by Office Depot alleging that Staples' comparative advertising constituted trademark infringement and false advertising; the successful defense of ABC Television and Granada Entertainment against claims that the show I'm a Celebrity–Get Me Out of Here infringed CBS's copyright and trade dress rights in the television show Survivor; trademark counseling, prosecution and TTAB proceedings for a variety of major corporations and start-up companies; and numerous other trademark, trade dress, design patent, copyright and domain name cybersquatting matters in a variety of industries.
Mr. Llewellyn's false advertising experience includes the defense of Sidney Frank Importing Company in a case alleging false advertising of Grey Goose vodka; the defense of Glaxo Wellcome in a case involving direct-to-consumer advertising of a prescription drug product; and representation of Pfizer in both a Lanham Act case and a National Advertising Division arbitration involving promotion of animal health products. He also participated in the defense of Purdue Pharma in a preliminary injunction case asserting unfair trade practices under Connecticut state law, as well as various other matters under state unfair and deceptive trade practices statutes.
Mr. Llewellyn also has worked on a number of consumer fraud class action matters, including representation of Pfizer and Novartis Consumer Health in a number of putative class actions in state and federal courts relating to the sale of over-the-counter and prescription products, and representation of another major pharmaceutical company in a putative class action asserting claims of privacy violations on the Internet.
Clerkship
Law Clerk to Honorable Miriam Goldman Cedarbaum, United States District Judge, Southern District of New York, 1997-1998.
