Lucy Jewett Wheatley Partner

Experience

• Lead trial counsel for a plaintiff manufacturer of fine furniture in trademark infringement and breach of contract lawsuit in the Southern District of New York. The jury found in the client’s favor on all counts and awarded disgorgement of all profits and punitive damages.
• Lead counsel for a major telecommunications company in a trademark infringement and unfair competition lawsuit in the Southern District of Florida. After successfully arguing for dismissal of the majority of the counterclaims on a judgment as a matter of law, the jury found in the client’s favor on all counts and awarded disgorgement of all profits and statutory damages.
• Lead intellectual property counsel for a top sneaker manufacturer in trade dress and trademark infringement litigation against largest national retailer. Won preliminary injunctions resulting in the removal of millions of dollars of infringing shoes from store shelves.
• Lead intellectual property counsel for a top manufacturer in the health and safety space in a series of “bet the company” false advertising litigations and spearheading a comprehensive crisis management strategy for the company. Defeated motion for temporary restraining order brought by opposing party and defeated anti-SLAPP motion and motion to dismiss.
• Lead appellate counsel for major university in appeal before TTAB regarding refusal USPTO’s refusal to register flagship brand. Won appeal resulting in registration of flagship brand with USPTO.
• Lead counsel for national clothing brand in trademark infringement litigation. Defeated motion for temporary restraining order and secured favorable settlement and dismissal of all claims.
• Lead trademark litigation counsel on behalf of one of the nation’s top condiment manufacturers in a “bet the brand” litigation over ownership of the company flagship brand. Defeated motion for summary judgment. On eve of trial achieved favorable settlement resulting in a consent judgement and permanent injunction entered against the other side.
• Lead counsel on behalf of a major physical therapy company in a trademark litigation challenging the company’s flagship brand brought by major health system. Defeated motion for a preliminary injunction and settled case with dismissal of all of opposing party’s claims.
• Lead counsel on behalf of major technology company in defending trademark infringement claim. Won motion to dismiss defendant’s counterclaims and achieved favorable settlement protecting client’s rights in the brand.
• Lead counsel for financial services company in trademark infringement action. Won motion to dismiss opposing party’s counterclaim.
• Represented a major international luxury goods manufacturer in a contributory infringement suit against a leading online marketplace; won motions for summary judgment.
• Represented a major clothing company in trademark and copyright litigation that resulted in a settlement where the client received all attorneys’ fees and additional damages.
• Represented leading oil company in series of franchise litigations and related appeals; won motions to dismiss on issue of first impression.