March 31, 2020 – Ft. Lauderdale, FL — In an important case for designers, artists, and intellectual property owners whose brands are being infringed or counterfeited over the internet, Becker’s Kevin Markow and Gary Rosen won a default final judgment and permanent injunction on behalf of famous lighting and interior designer Lindsey Adelman Studio.
Lindsey Adelman and Lindsey Adelman Studio, the designer and exclusive distributor of several iconic lighting designs and installations including the renowned Branching Bubble chandelier, brought suit against several overseas entities that were using the Lindsey Adelman name and related marks in connection with the sale of imitation and counterfeit lighting products over the internet.
Because lighting designs are functional art, and thus not subject to copyright protection, despite their uniqueness and artistry, Kevin and the Becker team forged aggressive and creative theories to protect Lindsey Adelman Studio’s intellectual property and obtain asset freeze orders relying on claims of trademark infringement, trade dress infringement and traditional unfair competition.
The Southern District of New York issued a temporary restraining order in May 2019 and its final judgment on March 27, 2020, that permanently disables the infringing websites controlled from overseas.
Kevin Markow stated, “As the amount of business done via ecommerce grows exponentially each year, it is vitally important to protect owners’ intellectual property rights. The result shows how intellectual property and brand name owners are able to combat online infringement and confusion, even against illicit overseas businesses through emergency measures which permanently shut down their websites. We quickly and forcefully protected our client’s designs and rights from being counterfeited, infringed upon and sold.”
The case is Lindsey Adelman Studio, LLC vs. Zora Lighting et. al, 1:19 cv-04715 (SDNY) (March 27, 2020).