Danielle M. DeFilippis, a member of Norris McLaughlin, P.A. has been quoted in Forbes’ article, “Ruling Should Make Start-Ups Think Twice About Themed Businesses.”
The article discusses a court’s analysis of trade dress protection in the context of a theme-based business. Three former military pilots left their jobs at Afterburner, Inc., to begin a military aviation-themed business consulting firm of their own called The Corps Group. There were many similarities between Afterburner, Inc., and The Corps Group, so the Atlanta-based Afterburner sued The Corps Group arguing that The Corps Group infringed on its military motif trade dress and trademarked phrases. The jury sided with Afterburner; however, a Georgia appeals court reversed the rulings. In the article, DeFilippis notes that “Trade dress law is emerging from its traditional focus on product labeling,” and “The Afterburner case is one of only a handful that addresses trade dress in the context of a business theme.”
DeFilippis, a resident of Glen Rock, New Jersey, focuses her practice on complex commercial and intellectual property litigation. She has appeared on behalf of corporate clients in all phases of litigation in federal and state courts, as well as administrative tribunals and alternative resolution forums. DeFilippis represented clients in cases involving trademark and copyright infringement, business torts, deceptive trade practices, Lanham Act claims, and state and federal unfair competition laws. Her commercial experience includes claims involving breach of contract, breach of fiduciary duty, fraud and other business disputes, theft of trade secrets, and partnership disputes. She has acted as coverage counsel, analyzing claims under commercial general and business liability, excess/umbrella, and professional liability policies. DeFilippis earned her J.D. in 2004 from Seton Hall University School of Law, where she was Editor and Director of Staffing & Symposia for the Legislative Journal; and her B.A. in 2001 from The Pennsylvania State University. She is admitted to practice in New York, New Jersey, the U.S. District Court of New Jersey, the U.S. District Court for the Eastern and Southern Districts of New York, and the Second Circuit of the U.S. Court of Appeals. She is a member of the American Bar Association, New York Bar Association, and International Trademark Association (INTA).