Author: Bryan M. McGarry

Bryan is a partner in the Southern California office of Dorsey & Whitney LLP. He is experienced in all phases of litigation, and has effectively represented a number of domestic and international companies, organizations and business owners in trial, arbitration and mediation both domestically and abroad. Bryan has extensive experience representing clients in the areas of health care, aviation and construction.

“All the Way Up” to the Second Circuit

Fly Havana and Fat Joe are heading “All the Way Up” to the Second Circuit for “Another Round.” Earlier this month Fly Havana appealed New York District Court Judge Naomi Reice Buchwald’s conclusion that Fly Havana had transferred all ownership rights to the song “All…

From Pocket to Wrist: Decision for Vortic Affirmed on Appeal

We have previously written about the trademark dispute between Vortic—a watchmaker that restores antique pocket watches, and converts them into wrist watches—and the venerated Hamilton Watch Company, which produced its first watch in the 1890s and is still in business today. Vortic uses a restored…

To Kalon: Trademark or Geographical Description

The Northern District of California concluded last week that Constellation Brands has the exclusive right to use the TO KALON and TO KALON VINEYARD marks on wine, and that The Vineyard House, LLC (TVH) “cannot use the term in any way, shape or form.” At issue…

9th Circuit Resurrects King Solomon’s Claim to “Empire”

In three separate opinions, a panel of the Ninth Circuit revived a pro se plaintiff’s claim that defendants’ television series “Empire” infringed upon his copyrighted “treatment” for a television series entitled “King Solomon.”  A treatment is a brief, written work that embodies the writer’s ideas…

To EatRight, It May be Too Late

The Ninth Circuit breathed new life, for now, into a trademark infringement suit brought by Eat Right Foods Ltd.’s (“ERF”) against Whole Foods Market, Inc.  The district court had granted summary judgment for Whole Foods after concluding ERF’s claims were barred by the doctrines of laches…