The Big Picture
Bill Di Bianca’s practice focuses on creating strong IP assets for his clients and evaluating the strength of their competitors’ IP. From start-up to Fortune 500 companies, he has crafted procurement and clearance strategies to create advantages for clients in their respective marketplaces. When enforcing and defending his clients’ IP rights from trademark assertions to inter partes reviews, his paramount concern is reaching a favorable resolution consistent with their business objectives and goals.
Relying on his extensive background in licensing and due diligence, Bill emphasizes the importance of strategies to protect clients’ innovations and trademarks, while minimizing the risk of litigation with competitors. From investigation of a target company, negotiation of the deal, through integration of newly acquired IP assets with his clients’ existing business - Bill counsels his clients in understanding how the legal risk analysis at each of these stages impacts business decisions.
Bill draws from his vast international experiences having studied at both Tsinghua University in Beijing, China and Technische Universität Dresden in Germany. He continues to study European and China IP law, frequently lecturing on the developments of these IP systems and actively acting as a liaison in international patent and trademark practice between the firm’s attorneys and its extensive network of foreign associates and clients. His studies have included several multinational companies and the conditions which create demand for foreign direct investment in the countries in which they manufacture and sell products and provide services. These experiences aid in the development of sound IP strategies for his clients’ business interests in the U.S. and abroad.
While Bill’s practice encompasses practically all aspects of IP law, he specializes in mechanical and materials engineering related inventions covering diverse fields such as medical devices, robotics, semiconductor, aerospace, oil field drilling and exploration as well as a vast array of consumer electronics and products. Understanding the innovations that drive each technology helps to inform the strategies he creates for his clients’ success. His work for a computer-aided design and manufacturing company has enhanced his ability to visualize inventions in each of these fields in three-dimensions and to protect systems, their interrelated components and methods of use.
Due Diligence, Mergers and Acquisitions
Licensing, Consulting and Other Agreements
IP Asset Management
Trademark and Trade Dress Procurement
2007, New Jersey
2006, United States Patent & Trademark Office
J.D., University of New Hampshire School of Law (formerly Franklin Pierce Law Center), 2006
B.S., cum laude, Manufacturing Engineering, Boston University, 2003
On June 29, 2011, our client Rutt’s Hut, Inc. (“Rutt’s Hut”) won its trademark infringement case against Mutt’s Hut International and its principals (“Mutt’s Hut”), securing a default judgment from the District Court of New Jersey that prohibits Mutt’s Hut from any act that uses any trademark owned by Rutt’s Hut or any confusingly similar variations thereof. Mutt’s Hut was ordered to immediately remove all exterior and interior signage bearing the “Mutt’s Hut” designation and immediately discontinue use of the designation on employee uniforms, menus, napkins, and all advertising and promotional materials. In addition, the District Court recently awarded Rutt’s Hut attorneys’ fees, finding Mutt’s Hut’s conduct to be culpable and exceptional enough to justify a fee award.
Our client Rutt’s Hut, Inc. (“Rutt’s Hut”) filed suit against Mutt’s Hut International and its principals (“Mutt’s Hut”) in the United States District Court for the District of New Jersey on March 9, 2011. The suit alleges violations of trademark and unfair competition laws of the United States as well as unfair competition laws of the State of New Jersey. Rutt's Hut has operated its restaurant in Clifton, New Jersey since 1928, and most notably, sells unique and famous hot dogs called "RIPPERS." Rutt's Hut owns United States federal trademark Registration No. 1,368,370 for RUTT'S HUT. Because of the notoriety it has obtained through its famous hot dogs, Rutt's Hut has been, and continues to be included in several lists of famous American restaurants. It has also been featured in television programs on several stations including the Travel Channel, the Food Network, and PBS, as well as in the magazines Gourmet and Details. Mutt’s Hut opened in January 2011 also in Clifton, NJ. Mutt’s Hut did not respond to cease and desist letters sent by LDLKM in January and February 2011. The aforementioned suit was filed shortly thereafter. Click here for story as covered by My 9 News.
“GATT Patent Term? A Look Back at the Implementation and Ramifications of GATT” by William Di Bianca and Brian Tomkins published in NYIPLA Bulletin on April/May 2015
Super Lawyers, New Jersey
Rising Stars Intellectual Property, 2013, 2015 - 2017 Rising Star
Lerner David Achieves Top 20 Ranking on Juristat’s “Top 100 Patent Firms” List
Super Lawyers Recognizes Lerner David
American Bar Association