Case results
/
Litigation & Arbitration
Outcome
$1.8M
Trademark infringement halted
A consumer brand stopped a copycat competitor and recovered its losses within seven months.
Practice
Litigation & Arbitration
Year
2024
Court
S.D.N.Y.
Duration
7 months
Lead attorney
Daniel Mercer
01 · The challenge
A lookalike brand on the same shelves
A competitor launched packaging and a name confusingly close to our client’s flagship product, in the same retailers and at a lower price.
Sales dipped within weeks, and retailers began asking which product was which.
Lost sales
$90K a month
Retail doors
1,200
Marks at issue
3 registrations
02 · Our approach
Fast relief, then damages
We moved for an injunction first, because every week of confusion cost our client customers.
01
Weeks 1–4
Build the confusion record
Customer complaints and retailer emails proved actual confusion before any survey.
02
Months 2–3
Preliminary injunction
The court ordered the competitor to stop selling the infringing packaging pending trial.
03
Months 4–7
Negotiate from strength
With the injunction in place, we negotiated damages and a permanent order.
03 · The outcome
Off the shelves, and paid
The competitor agreed to a permanent injunction, a full product recall and a $1.8M payment covering lost profits and legal fees.
$1.8M
Settlement paid
7
Months to resolution
100%
Infringing stock recalled
In their words
“Gravis had an injunction in place before our next retailer review. That bought us the time to win.”
Founder & CEO
Consumer brand, New York
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Prior results do not guarantee a similar outcome. Each matter turns on its own facts and law, and details are shared with client consent.
Daniel Mercer
Senior Partner
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