Peter Brody has been successfully litigating intellectual property cases and other complex disputes in federal and state courts across the United States for nearly 40 years. A member and former chair of Ropes & Gray’s intellectual property litigation group, Peter has litigated every type of IP case –patent, copyright, trade secret, trademark, and false advertising - as well as a wide range of constitutional, administrative, and contract disputes. Peter also has substantial experience in alcoholic beverage laws and regulations. In addition to his trial and appellate practice, Peter has served as lead counsel in numerous domestic and international arbitrations, as well as hearings and proceedings before federal and state administrative agencies. Peter’s broad-based litigation experience enables him to see the big picture and to present complicated and technical matters in a clear and easy to understand manner. His extensive knowledge of intellectual property law, careful case preparation, and skilled advocacy are valued by leading companies in a wide array of business sectors, including alcoholic beverages, consumer electronics, pharmaceuticals and medical devices, financial services, food, and personal care.
Peter is an active member of the International Trademark Association, having recently served as chair of INTA’s Legislation and Regulation Committee and now serving as chair of the Governance Subcommittee of the Geographic Indications Committee. He also currently serves as the president of the U.S. Section Chapter of the International Wine Lawyers Association. Additionally, Peter lectures and writes extensively on intellectual property and alcoholic beverage law and practice.
Experience
- Leading Restaurant Brand: Lead trial counsel for plaintiff, one of the world’s largest restaurant brands, in a federal court trademark and copyright lawsuit arising out of the misuse of the client’s branding by labor unions organizations.
- Global Pharmaceutical Company: Lead trial counsel in a series of arbitrations before the American Arbitration Association concerning disputes arising under a drug patent license agreement.
- Leading Life Sciences Company: Lead trial counsel for a global life sciences company in a Lanham Act lawsuit in the District of New Jersey concerning a competitor’s misleading advertising about insurance coverage for the parties’ respective prescription drug products.
- Multinational Pharmaceutical Company: Lead trial counsel for a multinational pharmaceutical company in a group of lawsuits in the Northern District of California and I.T.C. against competitors misleadingly marketing unapproved drug products as approved generic versions of client’s NDA-approved prescription drug.
- Solar Junction Corporation v. IQE plc: Lead trial counsel for a semiconductor wafer manufacturer and its employees in a series of lawsuits in the Southern District of New York and an international arbitration before the London Court of International Arbitration concerning whether the client’s patents incorporate the plaintiff company’s trade secrets.
- Global Fashion Brand Company: Lead trial counsel for plaintiff in action in the District of Delaware against former officers asserting claims of trade secret misappropriation, trademark infringement, false advertising, and breach of contract, arising out of defendants’ newly launched, infringing fashion brand. Obtained preliminary and permanent injunctions halting defendants’ unlawful conduct.
- Chiesi USA v. ONY, Inc.: Lead trial counsel for Chiesi USA in a federal false advertising lawsuit in North Carolina brought against ONY INC, resulting in a consent decree prohibiting defendant from engaging in a range of advertising conduct.
- Designer Shoe Company: Lead trial counsel for plaintiff in a Florida federal court action against a former high-level IT manager asserting claims of trade secret misappropriation, CFAA violations, and breach of employment and non-disclosure obligations. Obtained ex parte seizure order, temporary restraining order, and preliminary injunction under the federal Defend Trade Secrets Act of 2016.
- Bureau National Interprofessionnel Du Cognac v. Prowood Wine & Spirits, Inc.: Lead trial counsel for BNIC in a federal district court case in California involving the sale of a product, described as “Arman Cognac,” that was not 100% genuine Cognac, and may not have included any Cognac at all.
- Invista North America S.a. R.I. v. Hanwha Corporation: Successfully defended the owner by obtaining a favorable result allowing our client unrestricted use and registration of its own word-and-design marks for renewable energy services.
- In re Products Having Laminated Packaging, Laminated Packaging, and Components Thereof: Co-lead counsel for Diageo North America in the first investigation of the ITC’s pilot program for possible early disposition of cases. Following an accelerated trial on the economic prong of domestic industry, the Commission found that the complainant (a non-practicing entity) failed to satisfy the economic prong and terminated the investigation.
- TRIA Beauty v. Radiancy, Inc.: Lead trial counsel for an FDA-regulated medical device manufacturer in a false advertising lawsuit brought in the Northern District of California against a competitor marketing an unregulated device with false claims.
- YSL Beauté v. Oscar de la Renta, Ltd.: Lead trial counsel for an international fashion house in a successful year-long international arbitration over termination of the client’s global trademark license agreement for fragrances and cosmetics.
- LG Electronics v. Quanta Computer Corp.: Lead trial counsel for the plaintiff in a recent patent infringement suit involving various aspects of DVD technology.
- Schick Mfg., Inc., et al. v. The Gillette Company: Lead trial counsel for Gillette in a series of unfair competition and false advertising actions with its primary competitor.
- Mansell et al. v. Raytheon Company, et al.: Lead trial counsel for the defendants in a patent royalty suit involving GPS vehicle tracking systems, tried to a jury.
- Bronco Wine Company v. California: Lead counsel for the plaintiff, a major U.S. wine producer, in a lawsuit challenging, on constitutional grounds, a state statute retroactively restricting the use of certain geographic trademarks. The litigation included two appeals to the California Supreme Court.
- Regularly represents the Harvard Law Review Association in trademark and copyright disputes over unauthorized copies and versions of The Bluebook, the uniform system of legal citation.
- Clients in the wine and spirits industry have included Bronco Wine Company; Sutter Home Winery; The Michael Mondavi Family; Grupo Osborne, S.A.; Fratelli Branca, S.A.; Miguel Torres, S.A.; Groupe Camus; Comité Interprofessionnel du Vin de Champagne; Bureau National Interprofessionnel du Cognac; and Institut National des Appellations d’Origine.