Practice Focus

James Swire is a partner in the intellectual property and technology group in the New York office. Mr. Swire handles litigation matters and counseling in the areas of trademark, copyright, unfair competition, false advertising, and food and drug law.

Chambers USA 2009 identified Mr. Swire as one of New York's leading trademark and copyright lawyers, characterizing him as "highly regarded for his substantive knowledge of trademark and unfair competition issues."

Mr. Swire's practice also includes defense of scientists and/or physicians accused of scientific fraud or misconduct in research activities, and defense of seizure and injunction actions involving foods, drugs, medical devices, and cosmetics.

Representative Matters

• Gottlieb Development LLC v. Paramount Pictures Corporation (successfully obtained summary judgment dismissing copyright infringement and related claims concerning the use of plaintiff's copyrighted design of a pinball machine in the movie What Women Want)
• Institut Pasteur v. United States of America (misappropriation of intellectual property rights regarding the isolation and detection of the HIV virus and the development of diagnostic blood tests therefore; subject of Science Fictions by John Crewdsen, Little Brown, 2002.)
• Wright Medical Technology Inc. v. Osteotech, Inc. (defense of Osteotech in false advertising case involving human bone tissue)
• NBA Properties v. Untertainment, Inc. (infringement of the famous NBA logo by rap artist)
• Tiffany & Company v. Entertainment USA., Inc. (dilution of the famous TIFFANY name and mark by TIFFANY CABARET adult night clubs)
• Bristol-Myers Squibb Company v. Ivax Corp. (enforcement and defense of the trademark TAXOL® for an oncological product)