Mary Mazzello

Litigation

• Representing Dollar Shave Club and its employee Michael O'Malley in parallel lawsuits in Connecticut and California concerning trade secret misappropriation and the alleged breach of a non-compete agreement. Defeated temporary injunction motion filed against Mr. O'Malley, including conducting direct and cross examinations of forensics experts at full-day evidentiary hearing. Won motion to strike breach of non-compete claim. Successfully argued against a motion to quash for lack of personal jurisdiction, motion to dismiss, and motion to stay in California litigation.
• Defending leading technology company in trademark infringement case, including defeating preliminary injunction motion against company.
• Defeated preliminary injunction motion in trademark case filed by Equinox Hotel Management against Equinox Holdings, which sought to prevent Equinox Holdings from using the name "Equinox" in connection with its forthcoming hotel line.
• Defending prominent technology company in multiple copyright infringement lawsuits concerning the alleged performance and distribution of sound recordings and musical works.
• Defending Lucky Brand against trademark infringement claims brought by Marcel Fashions Group concerning Lucky Brand’s use of trademarks containing the work “lucky" and in pending appeal before the Supreme Court.
• Won summary judgment for Treefrog Developments, Inc. d/b/a/ Lifeproof in trademark infringement case concerning the trademark LIFEPROOF and successfully brought preliminary injunction action on behalf of client by proving that defendant did not have priority in the trademark LIFEPROOF.
• Defeated preliminary injunction motion filed by Oculus Info Inc. against Oculus VR soon after it was announced the Facebook would acquire Oculus VR in which Oculus Info Inc. sought to prevent Oculus VR from using the word “oculus” in connection with its virtual reality headset.
• Won summary judgment and Second Circuit appeal for a major technology company in trademark infringement action alleging that the name of the client’s product infringed the plaintiffs’ common law trademarks. Won Daubert motion excluding plaintiffs’ trademark infringement survey.
• Represented prominent music distribution company in five week trial before the Copyright Royalty Board concerning royalty rates paid to publishers for streaming music, including cross examining two economics experts.
• Represented Bath & Body Works in a declaratory judgment action against Summit Entertainment, LLC, the producer of the Twilight Saga film series, in which BBW sought a declaration that BBW’s “Twilight Woods” personal care products did not infringe Summit’s rights. Defeated Summit’s motion for summary adjudication.
• Represented Converse in ITC trademark case in which Converse sought to bar defendants from importing footwear that infringed and diluted Converse’s famous midsole trademark.
• Represented leading insurance company in trademark infringement and dilution litigation concerning company's logo.
• Represented FGF Brands in false advertising class action concerning statements on its naan packaging.

Counseling and Enforcement Matters

• Advising pharmaceutical company on trade secret, breach of confidentiality, and non-compete issues related to new hire.
• Advising clients in various industries, including fashion, private equity, consulting, and consumer goods on trademark prosecution and trademark clearance matters.
• Advising marketing firm on data scraping issues.
• Advising Good2Go insurance on various copyright and trademark enforcement issues.
• Advising prominent sports apparel brand on international copyright issues related to the Berne Convention.

Kirkland & Ellis, Summer Associate, 2010

Home Box Office, Legal Intern, 2009