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February 4, 2010
Curtis Defeats Temporary Restraining Order on Behalf of Casabella Holdings

New York, February 4, 2010 ­­– Curtis, Mallet-Prevost, Colt & Mosle LLP has defeated a motion for a temporary restraining order and preliminary injunction for copyright infringement, trade dress infringement and unfair competition against its client Casabella Holdings LLC. The motion was brought by SiliconeZone Hong Kong and SiliconeZone U.S.A. in the United States District Court in White Plains.

Plaintiffs commenced the action with a request for a temporary restraining order after a former manager of SiliconeZone U.S.A. joined Casabella, an international manufacturer of cleaning tools, kitchen and bath accessories, organizing products and other housewares. Plaintiffs alleged that certain silicone-backed cutting boards sold by Casabella infringed plaintiffs’ trade dress and copyright rights. Following an initial hearing at which the Court heard oral argument, Judge Kenneth M. Karas requested additional briefing on issues of trade dress abandonment and the balancing of the equities. Oral argument continued at a second hearing, during which Judge Karas delivered a lengthy opinion denying the temporary restraining order on the grounds that plaintiffs had not established a likelihood of consumer confusion, and finding for defendants on issues of irreparable harm and the balance of hardships.

Partners Turner Smith and Michael Graif led the Curtis team representing Casabella. Associate Alex Siegal also assisted on the matter.

The Curtis Intellectual Property Litigation team combines the skills of seasoned trial lawyers with the technical expertise of registered patent attorneys and Ph.D. level advisors. Our litigators routinely appear on behalf of clients before federal and state courts throughout the United States, arbitral panels and administrative bodies, and represent clients in intellectual property disputes relating to patents, trademarks, copyrights, trade secrets, cyber-piracy, counterfeiting and false advertising. Members of the group offer particular expertise to clients operating in the consumer products, finance, life sciences, media and entertainment, oil and gas and technology industries.
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