Dickenson Peatman & Fogarty
Representative Matters

Intellectual Property

  • Manages worldwide trademark portfolio spanning over sixty countries for one of ten largest wine companies in the United States
    Attorney(s): J. Scott Gerien
  • In coordination with European counsel, represented U.S. wine trade association in acquiring first registration of non-European geographical indication for wine issued by the European Commission; manages worldwide policing and protection for such geographical indication.
    Attorney(s): J. Scott Gerien
  • Obtained preliminary injunction in U.S. District Court for the Northern District of California for Napa Valley winery enjoining Australian winery from using infringing trademark in U.S.
    Attorney(s): J. Scott Gerien
  • Obtained summary judgment in trademark cancellation proceeding before U.S. Patent and Trademark Office Trademark Trial and Appeal Board on basis of fraudulent registration of mark
    Attorney(s): J. Scott Gerien
  • Successfully negotiated with regulatory agency to protect brand image of a wine label
  • Successfully defended Australian winery in trademark infringement action brought by a U.S. importer in U.S. District Court for the Eastern District of New York.
    Attorney(s): J. Scott Gerien
  • Defended Chinese home goods manufacturer in trade secrets action brought by California product developer in U.S. District Court for the Northern District of California, defeating motion for preliminary injunction and favorably resolving matter for client.
    Attorney(s): J. Scott Gerien
  • Conducted intellectual property due diligence and drafted intellectual property acquisition documents in acquisition of assets of Australian winery by Napa Valley winery
    Attorney(s): J. Scott Gerien
  • Successfully defended natural foods company in trade dress infringement action brought by competitor in U.S. District Court for the Northern District of California, defeating motion for preliminary injunction and resolving case in client’s favor.
    Attorney(s): J. Scott Gerien
  • Obtained preliminary injunction for Sonoma County winery in trademark infringement action against Sierra foothills winery in U.S. District Court for the Northern District of California preventing use of infringing trademark.
    Attorney(s): J. Scott Gerien
  • Successfully defended board sports clothing manufacturer against preliminary injunction for trademark infringement brought by museum for wine and arts, resolved case by selling client’s mark to plaintiff for considerable profit.
    Attorney(s): J. Scott Gerien
  • Obtained assignment orders for three separate domain names in proceedings before National Arbitration Forum pursuant to Uniform Domain-Name Dispute-Resolution Policy (UDRP) for web-based software producer against various cyber squatters.
    Attorney(s): J. Scott Gerien
  • Represented Hall of Fame baseball player in acquiring domain name reflecting his personal name in UDRP proceeding against cyber squatter before the World Intellectual Property Organization.
    Attorney(s): J. Scott Gerien