Andrew Lane is an associate with the firm. His practice focuses on all aspects of intellectual property including patent litigation in the electrical arts and patent prosecution. Mr. Lane received his J.D. degree from George Mason School of Law in 2005. He served as an associate editor on the Federal Circuit Bar Journal and received the George Mason Law School Fellowship Award. Mr. Lane earned his B.S. in physics from the College of William and Mary in 2002.
Due Diligence, Mergers and Acquisitions
2006, New Jersey
College of William and Mary (B.S., Physics, 2002 cum laude)
George Mason University School of Law (J.D., 2005 cum laude; Associate Editor, Federal Circuit Bar Journal)
On July 28, 2017, on behalf of our clients Bed Bath & Beyond and Harmon Stores, Lerner David prevailed in having a preliminary injunction motion for trade dress infringement denied. The plaintiff sells “It’s a 10” hair care products. Bed Bath & Beyond and Harmon sell their Harmon Face Values store brand side-by-side on retail shelves. Following a hearing on July 5, 2017, Judge J. Paul Oetken of the Southern District of New York held that there was no likelihood of confusion between the trade dresses of the products. He pointed to the overall dissimilarity between the products’ trade dresses and the prominent display of the Face Values store brand. He also found no evidence that defendants had acted in bad faith. Agreeing with our arguments, Judge Oetken concluded the plaintiff had not raised sufficiently serious questions going to the merits to make them a fair ground for litigation. The decision is reported as It’s a New 10, LLC v. Harmon Stores, Inc. and Bed Bath & Beyond, Case No. 17-cv-4231, 2017 U.S. Dist. LEXIS 11892 (S.D.N.Y. Jul. 28, 2017).