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Jeffrey H. Warshafsky is an associate in the Litigation Department. He is a commercial litigator with a particular emphasis on false advertising, trademark and counterfeiting disputes. Jeff also advises clients on anti-counterfeiting strategies, cybersquatting prevention, and other Internet-related trademark and copyright infringement matters. He also frequently does non-intellectual property work for many of Proskauer’s sports clients.

Representative matters include:

  • Morrow v. PVH, et al. (S.D. Cal. 2016), Ramos v. PVH (Cal. Supreme Court 2016), and Dennis v. Ralph Lauren (S.D. Cal. 2016). Representing the owners of the Calvin Klein, Tommy Hilfiger, Van Heusen and Ralph Lauren brands in defense of putative class actions alleging false discount pricing at California outlet stores. Pending.
  • Triangl v. Lingzhi (S.D.N.Y. 2016). Representing the maker of Triangl bikinis in a trademark and copyright infringement case against online sellers of knockoff bikinis. Pending.

  • Church & Dwight Co., Inc. v. SPD Swiss Precision Diagnostics GmbH (S.D.N.Y. 2014). Counsel to plaintiff Church & Dwight in a Lanham Act false advertising action against competitor SPD Swiss Precision Diagnostics GmbH involving FDA-regulated home pregnancy tests. In a July 1, 2015 decision following a two-week trial on the liability and injunction phase of this bifurcated case, the Court found the defendant liable for false advertising, ruled that the false advertising was intentional and egregious, and granted our client’s request for a permanent injunction and a nationwide package recall. The case will now proceed to the damages phase.

  • Excel Dryer, Inc. v. Dyson, Inc. (D. Mass. 2012). Counsel to Dyson in defense of Lanham Act false advertising suit concerning hand dryer advertisements. Defeated plaintiff’s preliminary injunction motion. Case settled in April 2014.

  • NFL v. Gong Sunmei (S.D.N.Y. 2013), NFL v. Lionk Zhu (S.D.N.Y. 2013) and NFL v. Li Ming (S.D.N.Y. 2014). On behalf of the National Football League and NFL Properties, secured broad ex parte, preliminary and permanent injunctive relief against Internet sellers of counterfeit NFL jerseys, disabled and seized more than 5,000 rogue websites, and obtained nearly $2 billion in statutory damages. 

  • Dyson, Inc. v. Bissell Homecare, Inc. (N.D. Illinois 2010). Counsel to Dyson, plaintiff in Lanham Act false advertising litigation challenging a competitor’s vacuum cleaner advertising. Case settled in 2013 following order granting summary judgment in favor of Dyson on liability.

  • TRIA Beauty v. Radiancy, Inc. (N.D. Cal. 2010). Representation of Radiancy in Lanham Act false advertising suit concerning the efficacy of at-home hair removal devices and acne-removal devices.

Jeff is also a litigation department representative to the Firm’s Associate Council.