Overview
As a trial and appellate attorney of commercial and intellectual property matters, Mr. Lehrburger represents both plaintiffs and defendants in false advertising, infringement (trademark, copyright and patent), trade secret, licensing and other complex business disputes. Examples include his successful defense of a jury trial involving claims of false advertising and unfair competition by competing pharmaceutical companies and the favorable resolution of a copyright infringement action on behalf of several major digital music services. Mr. Lehrburger also provides cogent and practical counseling on matters of advertising, trademarks and the like.
Mr. Lehrburger's work spans a wide array of industries including pharmaceuticals, medical devices, consumer products, quick-serve restaurant chains, music and publishing, computer software, the internet, sports and others. He has written and lectured on a number of intellectual property and litigation topics ranging from deceptive advertising on the internet to domain name cybersquatting to trademark issues lurking in song titles and lyrics. He has been quoted in the media as an authority on licensing and related IP issues. While serving probono as a Special Assistant to the New York City's Corporation Counsel, Mr. Lehrburger won three jury trials in three months. He also has served as a mediator for the Commercial Division of New York Supreme Court and arbitrator for the Council of Better Business Bureaus.
REPRESENTATIVE MATTERS
Quick-Serve Restaurant Chain
Obtained jury verdict following four-week trial against competitor's advertising campaign and slogan.
Pharmaceutical Company
Won jury verdict in favor of defendant after six-week trial involving claims of false advertising, unfair competition and deceptive business practices.
Digital Music Service Providers
Defended music company and several digital music services against, and favorably resolved, claims of copyright infringement involving scope of license dispute and novel issues surrounding rights implicated by digital distribution of music.
Consumer Products Company
Prosecuted false advertising and trade dress suit through two-week trial culminating in injunctive relief, product name change and multi-million dollar settlement.
Quick-Serve Restaurant Chain
Defended and favorably resolved right of publicity and trademark claims asserted by celebrity for use of name in nationwide promotion.
Soft Drink Company
Pursued trademark counterfeiting claims against manufacturer and more than 20 distributors of fake branded cola. Secured temporary and permanent relief and contempt violation ruling.
Medical Device Manufacturer
Obtained preliminary injunction and prosecuted patent infringement actions involving ophthalmic surgical equipment.
Electronics Company
Obtained temporary restraining order and preliminary injunction against computer component distributor engaged in trademark counterfeiting scheme.
Greeting Card Business
Successfully defended copyright and trademark infringement suits involving holiday ornaments and posters.
Pharmaceutical Research and Development Company
Co-tried multi-billion dollar licensing dispute in international arbitration.
Car Rental Company
Prosecuted trademark and copyright infringement claims against distributor of internet pop-up advertising generated by spyware/adware.
Technology Solutions Provider
Successfully defended jury trial involving claims of theft of trade secrets, breach of contract and unfair competition.