Kevin J. Perra is a Partner in the Litigation & Dispute Resolution Department and is resident in the New York office. He is an experienced counselor, litigator and trial lawyer who represents a wide variety of clients in pre-litigation counseling, state and federal court litigation, arbitration and mediation. His practice typically involves large, complex commercial cases, with an emphasis on litigation in the areas of intellectual property, entertainment, media, sports, trademark and trade dress, false advertising, fiduciary duties, appropriation of trade secrets and employee-related restrictive covenants. As a result of his substantial experience in intellectual property litigation, Kevin has experience in obtaining and opposing applications for emergency relief for clients, including preliminary injunctions and temporary restraining orders.
In intellectual property, sports and entertainment matters, Kevin has represented record labels, music publishers, sports leagues and teams, computer software makers and film and other media companies. Examples include Sony-BMG, EMI, Reed Elsevier, the NBA, the NHL, Arista, American Recordings, Bad Boy Entertainment, the New Jersey Devils, the Philadelphia Eagles, Take-Two Interactive, Threshold Entertainment and Palm Pictures. Kevin has also represented individual artists, songwriters, managers, fashion designers and athletes (and their estates) in intellectual property, sports, entertainment and related matters, including, for example, Madonna, the Estate of Leonard Bernstein, Trent Reznor of Nine Inch Nails and Mike Tyson.
In trademark and trade dress, false advertising and related disputes, Kevin has represented large consumer product, pharmaceutical and food and beverage companies, including, for example, S.C. Johnson & Son, Bristol Myers Squibb, Diageo, Bausch & Lomb, Williams & Sonoma and Kraft Foods.
In other general commercial disputes, Kevin has represented a host of public and private companies, such as T-Mobile, Bank of America, Honeywell, Biovail, U.S. Airways, L-3 Communications and Gianni Versace.
The following is a representative sample of published cases in which Kevin has successfully represented clients:
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Guinness United Distillers & Vintners v. Anheuser-Busch, Inc., 50 Fed Appx. 52 (2d Cir. 2002) Obtained an injunction in a trademark case, on behalf of the world’s largest liquor company, and the maker of Red Label® scotch whisky, enjoining Anheuser-Busch from distributing RED LABEL brand beer
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S.C. Johnson & Son, Inc. v. The Clorox Co., 241 F.3d 232 (2d Cir. 2001) Obtained an injunction in a false advertising case, on behalf of the maker of Ziploc® storage bags enjoining the maker of Glad® storage bags from disseminating a false and misleading television commercial comparing the two products
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S.G. Cowen Securities Corp. v. Messih, 224 F.3d 79 (2d Cir. 2000) Defeated plaintiff’s motion for a preliminary injunction seeking to enforce a non-competition provision in an investment banker’s employment agreement in this restrictive covenant/trade secret case
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Mark Onofrio v. Trent Reznor, 208 F.3d 222 (9th Cir. 2000) Obtained summary judgment dismissing plaintiff’s copyright infringement claims against Nine Inch Nails and its record company relating to the platinum-selling album The Downward Spiral
Kevin resides in Manhattan with his wife and three children.