Dreitler and True have an excellent track record of trademark case success.

Dreitler and True have extensive experience in trademark, trade dress, unfair competition, copyright and domain name litigation in the federal courts and before the Trademark Trial and Appeal Board (“TTAB”). Dreitler and True successfully defended Joel Hyatt and Al Gore against efforts to enjoin the launch of their cable channel, Current TV. Current Communications Group LLC v. Current Media LLC,  76 USPQ2d 1686 (DC SD Ohio 2005), and obtained a Temporary Restraining Order (TRO) and product recall order in U.S. District Court on behalf of Elizabeth Arden, ordering that a knock-off of "curious" Britney Spears perfume be recalled from store shelves. They represented Tiffany, Burberry, Kate Spade and Gucci in a civil action for counterfeiting in  U.S. District Court, Columbus, Ohio.

They represented Coors Brewing Company against a trademark and unfair competition lawsuit brought by the NCAA in Indianapolis, Indiana, and Clear Channel Communications in a trademark and unfair competition suit in the U.S. District Court, Los Angeles. They obtained a judgment on behalf of Dell Inc. against infamous cyberpirate John Zuccarini and permanent injunctions on behalf of Dell Inc. and Nationwide Insurance Company in trademark infringement cases in U.S. District Court, Columbus and Chicago.  Dreitler and True brought suit on behalf of Online Computer Library Center against the Library Hotel in U.S. District Court, Columbus, Ohio; and successfully defended Kmart and Joe Boxer in a trademark infringement suit; Target Corporation in a trade dress/copyright infringement case; and Quantum Corporation in a copyright infringement suit, all in U.S. District Court S.D. OH.

They have obtained favorable judgments in TTAB Oppositions on behalf of Georgia-Pacific Corporation, Cardinal Health, Wendy's International, Inc., The Ohio State University, the Scotts Company, Starter, Inc. and a recent Motion for Summary Judgment on behalf of George Speer. They are currently representing Cardinal Health, Harry Winston jewelers, Elizabeth Arden, Inc. and others in TTAB proceedings.

Dreitler and True have numerous favorable Uniform Domain Name Dispute Resolution Policy (UDRP) proceedings on behalf of Dell Inc., Dell Computer Corporation (see below).

They obtained an Order in June 2000 from U.S. District Court S.D. OH. under the Anti-Cybersquatting Consumer Protection Act (ACPA), ordering a cyber-squatter to turn over the domain name "StanleySteemer.cc".

In July 2000 they obtained a consent judgment and permanent injunction in U.S. District Court against a cyber-pirate of the domain "voryssaterseymourandpease.com".

In December 1999 Dreitler's team obtained a temporary restraining order (TRO) in U.S. District Court against a pornographic web-site that was using trademarks of The Ohio State University. The case ended with the entry of a permanent injunction against the web-site operators.

In September 1999, Dreitler filed suit in Federal court on behalf of Wendy's International, Inc. against a cyberpirate who had registered variations of Wendy's trademarks, including Wendys.org. The case was successfully decided for Wendy's when the cyberpirate agreed to turn over all the domain names to Wendy's, and accepted a permanent injunction banning him from ever again registering any variation of Wendy's trademarks as a domain name.

Dreitler represented The Ohio State University in a case in August 1999 against a photographer who had taken pictures of female Ohio State students for a "pin-up" calendar. The young women were wearing clothing or posed with items that suggested a connection or affiliation with Ohio State. Dreitler was successful in persuading a judge in U.S. District Court to grant an ex-parte Temporary Restraining Order (TRO), that barred the distribution of the calendars. The order was subsequently turned into a permanent injunction, banning distribution of the calendars and requiring them to be destroyed.

In July 1999, Joe and his team represented a small Atlanta businessman named Rothschild who had been sued in U.S. District Court in Dayton, Ohio by a larger Ohio company. The suit claimed that the mere fact the Atlanta business had an interactive web site was sufficient grounds to allow him to be sued in an Ohio Federal court. Dreitler argued that mere internet presence was not sufficient to provide "personal jurisdiction", and the chief judge of the Southern District of Ohio agreed. The case was transferred to Atlanta. Rothschild Berry Farm v. Serendipity Group LLC, 84 F. Supp. 2d 904 (S.D. Oh 1999).

Dreitler represented The Ohio State University in its case against Ohio University regarding the issue of whether the term "Ohio" was a trademark that could be owned exclusively by Ohio University. The universities settled the case on amicable terms in June 1999.

Before going into private law practice, he was Associate General Counsel at Anheuser-Busch Companies, Inc., in St. Louis, Missouri. While at Anheuser-Busch, he conducted the world's longest running trademark litigation - the 90 year old dispute over ownership of the Budweiser trademark- between Anheuser-Busch and the Budweiser Budvar Brewery in the Czech Republic. In addition to managing litigation in more than 25 countries, he conducted settlement negotiations with the Czech government. He was also responsible for international intellectual property matters, including acquisitions, joint ventures, licensed brewing agreements in numerous countries, trademark development, clearance, registration and protection, including counterfeiting. He also drafted and negotiated trademark and copyright licenses, including sponsorship of the 1996 Atlanta Olympics and the Busch NASCAR racing series.

Prior to that, he worked at  The Procter & Gamble Company's Trademark and Copyright Department in Cincinnati, Ohio. During nine years at P&G, he worked on U.S. and international trademark, copyright and unfair competition matters in all product areas, including soap, paper, health care, cosmetics, pharmaceuticals, and food and beverages. His responsibilities included both U.S. and international trademark clearance and registration, false advertising and unfair competition, copyright, and licensing matters in all product areas. In addition, he was responsible for trademark and copyright aspects on all acquisition, mergers and divestitures of P&G. He performed due diligence and drafted the trademark and copyright agreements on acquisitions, mergers and divestitures.

He worked closely with Brand Management on global new product development, and all aspects of trademark searching, clearance and registration, including the writing of legal opinions and trademark application prosecution. He conducted oppositions and cancellations in the U.S. Patent & Trademark Office.

He began his career  as trademark, copyright, advertising and licensing attorney for U.S. Shoe Corp. in Cincinnati.

 

Mary True has been practicing law for nearly 20 years and focuses her practice on helping clients obtain and protect  intellectual property rights to meet their business objectives.  A partner in the litigation group at Bricker & Eckler, LLP, True’s practice includes litigation in federal courts on matters relating to trademark and copyright infringement, right of publicity, unfair competition and false advertising, enforcement actions in the Trademark Trial and Appeal Board, prosecuting applications in the U.S. Patent and Trademark Office and domain name protection before the World Intellectual Property Organization.

<>In addition, Mary has counseled Clear Channel Communications on disputes with Major League Baseball and the National Football League, and Ohio State University on trademark and right of publicity issues.  She is currently representing Nationwide Mutual Life Insurance Company, Cardinal Health, Harry Winston jewelers, Elizabeth Arden, Inc. and Celestial Pictures in TTAB proceedings, and Red Wing Shoe Company in an action for false advertising and false designation of origin in the U.S. District Court for the Southern District of Ohio.

Mary is a member of the Board of Governors of the Intellectual Property Law Section of the Ohio State Bar Association and a member of the Saul Lefkowitz Moot Court Competition Committee of the International Trademark Association (INTA) 1993-96. She co-authored, with Joe Dreitler the article “Has the Sixth Circuit Abandoned Trademark Law”, which was published in the Spring 2005 Akron University Law Review, and an article titled "Pre-Filing Strategies and Evaluation" which appeared in the April 2004 IP Litigator magazine.  She is a frequent speaker on trademark and internet law, including CLE presentations to the Ohio State Bar Association and the Cincinnati Bar Association.

Contact Mary at (614) 227-4873 - mtrue@bricker.com

Cases we have handled