LAW OFFICE OF BARBARA L. WAITE P.C.
Washington, DC
Attorney at Law
Barbara L. Waite P.C.
1775 Eye Street NW, Suite 1150
Washington, DC 20006
(202) 587-5762
pixie@blwaitepc.com
Representative ligation experience: John Alexander et al. v. Washington Book Trading Co., 98cv1595, filed 11/4/98, E.D. Va. John Alexander, an author, and his publisher, Washington Book Trading Co., disputed who had the right to publish one of Mr. Alexander's most popular works. This dispute involved copyright and breach of contract issues. We appeared on behalf of Washington Book Trading Co. A jury found in favor of Mr. Alexander.
Samara Brothers, Inc. et al. v. Wal-Mart Stores, Inc., 2:96CV08658, filed 7/2/96, S.D.N.Y.; 969 F. Supp. 895; on appeal, 165 F.3d 120 (2nd Cir 1999), 529 U.S. 205 (2000). Samara Brothers sued Wal-Mart for copyright and trade dress infringement related to children's clothing. We appeared on behalf of Wal-Mart. A jury found in favor of Samara Brothers, and this decision was upheld on appeal. The Supreme Court held that trade dress in a product configuration cannot be inherently distinctive. Secondary meaning must be proven. For a copy of this decision, click here.
Hilfiger U.S.A. Inc. et al. v. Wal-Mart Stores, Inc. et al., 1:94cv02176, filed 3/29/94, S.D.N.Y. Hilfiger had, on several occasions, accused Wal-Mart of trademark infringement. We appeared on behalf of Wal-Mart. Although these earlier complaints had been settled, Hilfiger brought an action for contempt against Wal-Mart claiming that Wal-Mart had violated the court's order.
Barbarian Rugby Wear, Inc. v. PRL USA Holdings, Inc., 1:06cv02652, filed 4/5/06, S.D.N.Y. PRL had complained that Barbarian Rugby Wear infringed its RUGBY trademark and opposed an application to register a similar mark at the U.S. Patent and Trademark Office. Barbarian Rugby Wear moved the issue to federal court and sought a declaratory judgment of noninfringement. We appeared on behalf of Barbarian Rugby Wear. For a copy of the Declaratory Judgment granted, click here.
In addition, Ms Waite has handled a number of preliminary injunction hearings, most often defending, and numerous bench trials. A further list of appearances is available upon request.