Matters

NHL – Real Time Scoring and Video Systems

Represented the National Hockey League in negotiating new real time scoring and video delivery systems. Herrick helped craft a series of creative technology deals that enabled the league to pull live video and real-time game video, audio, and statistical data and feed it back to a central hub for distribution in real time to other arenas, broadcasters, websites, cell phones and wherever else the league pushes that content.

Hedge Fund – Music Acquisition Financing

Represented a Connecticut-based hedge fund and a Wall Street investment bank in a joint acquisition financing and restructuring of a secured multi-draw term loan facility. A portion of the proceeds were used by the borrower, a global music publisher, to acquire an interest in the song catalogs of Kurt Cobain, John Lennon, Daryl Hall & John Oates; Holly Knight, an accomplished musician and songwriter who has written hits for Tina Turner, Pat Benatar and Aerosmith; Six Degrees; Blue October; The Matrix; and Daniel Johnston, among others.

Recording Artist and Music Publisher – Digital Copyright Infringement

Represented a recording artist and an international music publishing company in a federal court action for copyright infringement involving digital sampling of a sound recording.

New York Yankees – Online Sweepstakes

Represented the New York Yankees in two online sweepstakes in conjunction with a major electronics corporation, including drafting the sweepstakes official rules and winners' affidavits and assisting with the bonding/security requirements.

New York City Union – Healthcare Software License

Represented a major New York City union and its benefits fund in negotiating software license and maintenance agreements and an ASP agreement with a large, publicly traded health care technology provider.

Kaufman & Fisher Wish Company, Ltd., v. F.A.O. Schwarz

Successful defense of trade dress claims involving plush dolls. Kaufman & Fisher Wish Company, Ltd., v. F.A.O. Schwarz, 184 F.Supp.2d 311 (S.D.N.Y. 2002), aff`d, (2d Cir. order, Oct. 31, 2002)

F.A.O. Schwarz v. Zuccarini, Nat`l Arb. Forum

Successfully represented F.A.O. Schwarz in a domain name arbitration awarding our client ownership of four Internet domain names registered in bad faith by a renowned cybersquatter. F.A.O. Schwarz v. Zuccarini, Nat`l Arb. Forum (Dec. 1, 2000)

Merck & Co., Inc. v. Vioxx

Representation of the defendant/counterclaimant (an established bio-medical glass manufacturer) in a declaratory judgment action for trademark infringement, based on the Vioxx arthritis drug name. We obtained a very favorable settlement for our client. Merck & Co., Inc. v. Vioxx (ED Pa. 2000)

Hotel des Artistes, Inc. v. Cafe des Artistes, Inc.

Represented the Hotel des Artistes in TTAB cancellation proceedings, which resulted in the Hotel des Artistes recovering the famous Cafe des Artistes trademark registrations. Hotel des Artistes, Inc. v. Cafe des Artistes, Inc. (TTAB 1999)

Pen Manufacturer – Trade Dress Claim

Successful defense of our client against trade dress claims brought by Montblanc over its "three-ring" pen design. We reached a settlement with no economic impact on our client. Montblanc-Simplo GMBH v. Omas SRL and Marcovici Designs, Inc., No. 97 Civ. 2055 (S.D.N.Y. 1997)

Judith Ripka Designs, Ltd. v. Penny Preville, Inc.

Successful defense of a high-end jewelry designer at trial against claims of copyright and trade dress infringement. Judith Ripka Designs, Ltd. v. Penny Preville, Inc., 935 F. Supp. 237 (S.D.N.Y. 1996)

Galet v. Carolace Embroidery Products Co., Inc.

Successful defense of various corporate clients in computer software copyright infringement actions. Galet v. Carolace Embroidery Products Co., Inc., 32 U.S.P.Q.2d 1830 (S.D.N.Y. 1994), aff'd, 122 F.3d 1056 (2d Cir. 1995).