Cutner & Associates, P.C. - Attorney At Law

Cutner & Associates, P.C.
9 East 40th St.
New York, NY 10016

Tel:  (212) 759-1818
Fax: (212) 486-1600
Email the firm

HomeFirm OverviewPractice AreasAttorney BiosResultsArticlesLinksContact Us
 

ResultsMap

We have, again and again, produced the winning results that our clients are seeking. Even in lawsuits where our adversaries believed that they were assured of victory, judges have disagreed with them and we have prevailed.

Also, we consider that many of our best and most important victories come in matters where the results are known only to the parties, and any information about the conclusion of the case remains confidential. This is so, because sometimes a defendant is embarrassed by the financial or other terms he has been forced to accept, or he does not want to set a precedent for plaintiffs in future lawsuits. Similarly, a plaintiff may not want it known that he settled for so little.

Sometimes, after considering our careful and objective analysis of costs and risks, a client concludes that settlement is a better option than pursuing an expensive and time-consuming lawsuit. We believe that this kind of analysis provides good legal advice and cost-effective results.

In other legal actions, publicity and informing the public are part of a client’s objectives, such as in a trademark infringement case, where we have demanded and obtained a public apology in a newspaper of wide circulation.

Here are a few examples of our winning results:

In a recent trademark infringement case involving women’s accessories, where the plaintiff was seeking millions of dollars in damages, we arranged a settlement on terms which required the defendant, our client, to make only a $20,000 payment.

In a highly-sensitive matter, our client, a major foreign multi-national company learned of allegations from an apparently knowledgeable source that its United States subsidiary had engaged in financial manipulations aimed at improperly inflating its reported earnings. We conducted a very thorough confidential investigation, which included an examination of the client’s and third-parties’ documents and witnesses. As a result, we found evidence that the allegations were false and unsubstantiated, thereby avoiding any public disclosure and saving the careers of the company’s U.S. executives from unfair attack.

In a hotly contested trademark litigation, the owner of a registered trademark, PETIT CHERI, for fragrance products, sought a preliminary injunction against our client, who was using an unregistered trademark, PETITE CHERIE, also for fragrance products. Despite the fact that the plaintiff owned the senior, nearly identical trademark in the same category of goods, the U.S. District Court denied the plaintiff’s application for a preliminary injunction, and the plaintiff voluntarily withdrew the case shortly thereafter. Subsequently, we obtained a U.S. registration for our client’s trademark.

In a matter where a major foreign company breached a joint venture agreement with our client in connection with the acquisition of businesses being spun off by a major U.S. company, we negotiated a sizeable monetary settlement in the early stages of a lawsuit that we filed on behalf of our client.

On behalf of a Swiss corporation, we obtained dismissal of a complaint in which the plaintiff was seeking to maintain exclusive U.S. distribution rights to our client’s highly regarded kitchen appliance products.

In another hotly contested trademark litigation, the owner of a registered trademark, CASUAL, for fragrance products, sought a preliminary injunction against our client, who was using an unregistered mark, CASUAL FRIDAY, also for fragrance products. The plaintiff was supremely confident of victory, but the Court ruled in our client’s favor and denied the relief sought by plaintiff. The complaint was voluntarily dismissed a short time later.

We have counseled clients on the creation of new businesses, and, in dealing with a wide variety of legal and business issues, assisted their development into substantial companies. One example is a company that started with one, small physical fitness studio in New York City, that developed into a national and international fitness business with over 100 employees. This company’s business currently involves fitness classes, teacher training, videos and DVD’s, books, clothing, and on-line services.



  

© 2006 Cutner & Associates, P.C. | Disclaimer