Sherli Furst

Intellectual Property Matters

• Defended client in trademark infringement action concerning gray market goods.
• Defended music concert festival promoter from fraudulent inducement claims.
• Represented sanitation company defendant in trademark infringement action.
• Represented celebrity rapper in right of publicity action for unlawful use of his persona.
• Defended applicant in cancellation proceedings against allegations of non-use, fraud, and likelihood of confusion, and consequently, refusal of registration or cancellation of nightclub applicant’s family of marks.
• Defendant maternity clothing manufacturer in trademark infringement action concerning plaintiff’s alleged mark for body oils and lotions.
• Represented toy manufacturer plaintiff in action for trademark infringement, unfair competition, and copyright infringement concerning its mark and packaging for several of its products.
• Represented toy manufacturer plaintiff in action for trademark infringement, unfair competition, and trade dress infringement for several of its marks and trade dress of its toy products.
• Represented asset management plaintiff in trademark infringement suit concerning unlawful use of its mark.
• Defendant songwriter client against claim of copyright infringement for unauthorized use of musical composition.
• Represented multiple defendants in copyright infringement and unfair competition suit concerning skin type quiz and plaintiff’s alleged acronym trademarks.
• Represented multiple defendants in action for violation of the Uniform Trade Secrets Act relating to alleged trade secrets from shopping channel/network.
• Represented financial services plaintiff in trademark infringement and unfair competition suit concerning unlawful use of its mark.
• Represented plaintiff in declaratory judgment action declaring that plaintiff’s use of its plastic bag closure products does not infringe on plaintiff’s registered trademarks and trade dress for its own bag closure products.
• Represented plaintiff in suit concerning unlawful use of world-famous explorer’s name, image, and iconic red cap to promote defendants’ various films and foundations.
• Represented international organization dedicated to the advancement of field exploration and scientific inquiry in USPTO proceeding requesting refusal of registration of applicant’s confusingly similar mark. TTAB ruled in client’s favor.
• Represented prominent vitamin store chain in USPTO opposition proceeding against competitor concerning registration of confusingly similar mark.
• Successfully defended top media conglomerate in various copyright troll infringement suits.
• Successfully defended healthcare software company in a misappropriation of trade secrets action.
• Represented playwright in copyright dispute and was able to successfully transfer all rights to production and ASCAP revenues to client.

Commercial Matters

• Represented defendant against false advertising and unfair competition claims in class action suit.
• Represented defendants in a defamation suit concerning an article published on its website. Case dismissed in clients’ favor.
• Represented defendant in dispute concerning commercial reasonableness of sale of painting.
• Represented multiple defendants in third party discovery for several cases concerning defaults of mortgage-backed security loans and potential indemnification. All cases were dismissed with prejudice.
• Conducted internal investigations of banks on behalf of the FDIC to determine whether the loan to cost ratio was in place, whether all appropriate loan approvals were in place; whether there was sufficient collateral in place for loan; whether there was cash equity in land purchase loans; and whether an accurate cash flow analysis was conducted prior to approving loans.
• Conducted internal investigation and represented international car carrier client before the Department of Justice concerning potential antitrust violations.
• Successfully represented screenplay writer in collection of arbitration award and compel of judicial sale of the rights in and to the film.
• Defended New York developer in action by creditors for breach of loan contract, foreclosure on property, and money to be paid to satisfy debt/loan.