Paul Llewellyn has extensive experience in intellectual property matters, including litigation of trademark, false advertising, consumer fraud, copyright, design patent and licensing disputes, as well as counseling clients on trademark strategy, clearance and registration, intellectual property acquisition and licensing, trade secret protection, defamation and right of publicity matters.
Mr. Llewellyn's practice covers a variety of industries, including pharmaceuticals, food and liquor products, luxury goods, consumer products, online services and others. His trademark and brand protection experience includes traditional trademark infringement matters, licensing disputes, domain name cybersquatting and online infringement, counterfeit, diverted "grey goods" and repackaged goods disputes, trademark registration matters, and opposition and cancellation proceedings before the US Patent & Trademark Office's Trademark Trial and Appeal Board, with subjects ranging from color marks and product configurations to retail store trade dress and intellectual property rights in entertainment characters. He also has served as a Contributing Author to LEXIS's Lexis Practice Advisor series on various trademark topics.
Mr. Llewellyn's false advertising experience includes defense of preliminary injunctions alleging federal and state false advertising claims, review and clearance of proposed advertising, and defense of consumer fraud class actions in state and federal courts throughout the country.
- The Hershey Company in numerous trademark litigations, disputes, and registration matters involving the Kisses, Hershey's, and Reese's trademarks and related trade dresses, as well as other marks and designs. Among other matters, served as trial counsel in a case alleging dilution and infringement of the Kisses mark in federal court in the District of New Jersey, obtained registration of the configuration of the Hershey's chocolate bar design after appeal to the Trademark Trial and Appeal Board, obtained injunction against a state senator's use of the iconic Hershey's trade dress in campaign materials, obtained injunctions against importation of diverted "grey goods" versions of licensed US candy products, and defeated a preliminary injunction action seeking to stop the launch of Hershey's Smartzone nutrition bar.
- Pfizer in numerous trademark litigations and disputes, Trademark Trial and Appeal Board matters, and other matters involving infringement of the Viagra mark and blue diamond tablet trade dress, as well as other marks including Pfizer, Xanax, Celebrex, Advil, and the Advil trade dress, and Centrum and the Centrum trade dress. In other matters, obtained preliminary injunction against distribution of counterfeit Lipitor tablets and assisted in the recovery of millions of dollars of victim's compensation in related criminal proceedings, and handled dozens of successful UDRP domain name dispute proceedings.
- GlaxoSmithKline in numerous Trademark Trial and Appeal Board disputes and other trademark matters.
- 4Kids Entertainment, US licensee of Yu-Gi-Oh! children's television entertainment property, in obtaining favorable decision after three-week trial in bankruptcy court that client's license was wrongfully terminated.
- Well-known luxury goods company in trademark infringement and counterfeiting matters. Obtained a temporary restraining order and preliminary injunction on behalf of this client against approximately 90 websites selling counterfeit watches, jewelry and handbags.
- Omega Engineering, Inc. in multiple litigations involving alleged infringement of Omega SA's OMEGA trademark, obtaining judicial order enforcing settlement in one case and obtaining summary judgment dismissing Omega SA's claims in another case.
- Sunbeam in a home appliance design patent infringement case, obtaining summary judgment dismissing plaintiff's claims.
- Bedding company in a case alleging copyright infringement of fabric patterns.
- Staples against challenge at the launch of its "That Was Easy" tagline, conducting expedited discovery that resulted in the plaintiff voluntarily dismissing its complaint.
- ABC Television and Granada Entertainment against claims that the show I'm a Celebrity—Get Me Out of Here infringed copyright and trade dress rights for CBS's Survivor.
- Tumi in action involving diverted and gray goods luggage products.
- Coach in lawsuit alleging infringement of trade dress of Coach handbags.
Intellectual Property (New York) (2016)
- JD, Columbia Law School, 1995, Harlan Fiske Stone Scholar
- BA, State University of New York at New Paltz, 1991, summa cum laude
- New York
- US Court of Appeals for the Federal Circuit
- US District Court, Eastern District of New York
- US District Court, Southern District of New York
- US District Court, District of Colorado
- Member, INTA Brands for a Better Society Committee and Pro Bono Subcommittee