Daniel M. Rosales

Dan also counsels companies on securing intellectual property rights in connection with artificial intelligence products and services, including advising on trademark and copyright strategies for large language model offerings, and defends clients in infringement actions arising from the development and deployment of such technologies.

Dan provides strategic counsel regarding and litigates complex copyright, trademark, and trade dress matters in federal courts, arbitration tribunals, the United States Patent and Trademark Office's Trademark Trial and Appeal Board, and the WIPO Arbitration and Mediation Center. Dan is a trial lawyer who secured his first successful single-chair trial early in his legal career. He has since built a national intellectual property counseling and litigation practice and assisted trial teams in numerous complex matters resulting in successful bench and jury verdicts.

• Represented Nestlé in trademark actions concerning PERSONA NUTRITION-branded vitamins and supplements. (Persona Cosmetics, Inc v. Société des Produits Nestlé S.A., (USDC CD Cal 2021); R80 LLC v. Société des Produits Nestlé S.A., (USDC D Md 2021)).
• Represented a premiere French interior and furniture design studio in a dispute involving copyright and trade dress infringement in Central District of California (Liaigre, Inc. v. California Furniture Company, (USDC CD Cal 2021)).*
• Defended a documentary director against claims of trademark and copyright infringement pertaining to documentary film. Case resulted in a grant of early summary judgment (Monbo v. Nathan, EDNY 2021).*
• Secured a permanent injunction on behalf of 3M Corp. against defendant that violated federal trademark and false advertising law by suggesting an affiliation with 3M while attempting to sell 3M-branded N95 masks at drastically increased prices to New York City officials amid the COVID-19 pandemic. The court held that the defendant’s use of 3M’s trademark in conjunction with price-gouging threatened 3M with irreparable harm to its reputation and goodwill. (3M Company v. Performance Supply, LLC, (USDC SDNY 2020)).
• Represented Capri Sun in a trademark litigation regarding its famous pouch-design trademark. The case included what the court described as “novel questions regarding the interplay of contract law and the trademark law defense of functionality,“ the Court found that a “No-Challenge” provision in a settlement and license agreement estopped the defendant from challenging the pouch trademark’s validity on grounds that it was allegedly functional, which led to an order striking defendant’s affirmative defenses concerning functionality and a protective order against discovery on functionality. The case progressed through summary judgment and resulted in a favorable settlement on the eve of trial (Capri Sun v. American Beverage Corp. (USDC SDNY 2019)).

(* At a previous law firm.)