Barbara L. Waite P.C.
1775 Eye Street NW, Suite 1150
Washington, DC  20006
(202) 587-5762
 pixie@blwaitepc.com

Barbara L. (Pixie) Waite is an experienced attorney, having practiced in the area of intellectual property law for over thirty years.  In addition to counseling services regarding trademarks, domain names, copyrights, and the related business torts of defamation, rights of publicity and privacy, she also prosecutes applications to register trademarks and copyrights.  Her experience in prosecution complements very well her experience in federal court litigation and administrative litigation before the Trademark Trial and Appeals Board and before WIPO arbitration tribunals.  She is also experienced in supervising foreign trademark prosecution and litigation.  Ms. Waite also counsels clients on compliance with rules and regulations on advertising law.

Ms. Waite has particular experience in successfully defending small businesses against large, aggressive owners of trademarks in a manner they can afford.  If you have received a cease-and-desist or a demand letter,  please give her the opportunity to review it with you to discuss your options.  She offers a free initial consultation.

Representative ligation experience:

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 (2^nd 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.

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.

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.