Cross-Office IP Team Secures Significant Win in Trademark Infringement Case

New York, N.Y. (May 29, 2020) - Denver Partner Tripp Lake, along with New York Partner Peter Shapiro and Los Angeles Associate Jean Kim, secured a significant win for the firm's client, Enhance Plastic Surgery. The U.S. District Court for the Southern District of New York granted its motion for a preliminary injunction in a trademark infringement matter.

Enhance Plastic Surgery is a long-time client who has relied on Lewis Brisbois’ counsel for its trademark protection for a decade. In 2017, it learned that a New York City-based plastic surgery and medical aesthetics clinic was using a similar name – Enhance Aesthetic Arts. In response to a cease and desist letter at that time, the New York clinic changed its name to The Enhancers, which we believed was even closer to our marks, ENHANCE and ENHANCE PLASTIC SURGERY. The New York clinic even filed for trademark protection on The Enhancers. In response to The Enhancers’ refusal to cease using an infringing mark, we moved to cancel its registration.

The New York clinic then filed a declaratory judgment action seeking judgment that its use of The Enhancers did not infringe. In response, we filed Lanham Act counterclaims, asserting infringement and claiming damages, and filed a motion for preliminary injunction. Mr. Lake argued on behalf of our client at the preliminary injunction hearing, and was joined by Ms. Kim and Mr. Shapiro on the motion.

In a major win for the client, Judge Alvin Hellerstein granted the injunction against any use of “Enhance” or any derivation of that word. Judge Hellerstein further found that the New York clinic acted willfully in using our client's mark.