Nancy Rubner Frandsen

Biography

For more than 38 years, Nancy Rubner Frandsen has guided clients not only through the core areas of trademark and copyright strategic counseling and portfolio management but also through the more complex areas of the practice, including enforcement before the federal courts and the Trademark Trial and Appeal Board (TTAB). Nancy’s in-depth knowledge of her clients’ businesses, from individual entrepreneurs to major corporations, enables her to support and advance their unique objectives and goals and has made her their go-to trademark lawyer. 

Client Experience: 

• Publishing companies
• Newspapers
• International food manufacturer and distributor
• Promotional apparel and product distributors
• Casinos and entertainment companies
• Organic gardening products manufacturer
• Leading independent organization producing scholarly work to clarify, modernize and improve the law
• Beverage companies
• Software companies
• Musical groups
• Education companies
• Furniture companies
• Sporting goods manufacturer and distributor
• Distributor of food service equipment and supplies

Representative Matters

• Manages worldwide trademark portfolios for multiple clients, with attendant counseling related thereto.
• Responsible for international enforcement of client trademarks through the use of cease and desist letters, domain name disputes, mediation, and litigation.
• Defended a longtime client in trade dress litigation involving the shape of a food product. Successfully prevailed on a declaratory judgment action, affirmed on appeal to the Third Circuit Court of Appeals, which led to the cancellation of an incontestable trademark registration of the opposing party.
• Defended a family restaurant business against a trademark infringement claim from other family members. Successfully negotiated a settlement between the parties.
• Represented a client in trademark litigation involving energy drinks against a vodka manufacturer. Defeated a motion to dismiss, which ultimately led to a favorable settlement for the client.
• Represented a client in trademark litigation involving sports accessories, which ended in a successful settlement for the client. Prior to settlement, successfully moved to dismiss a declaratory judgment action filed by the infringing party, allowing the client to litigate in the client’s choice of forum.
• Represented a longtime client in trade dress litigation involving playground equipment. Defeated two motions to dismiss, which ultimately led to a settlement in favor of the client.
• Represented a well-known retailer in defense of copyright infringement. After our client prevailed on a motion for partial summary judgment on damages and costs and succeeded in requiring the plaintiff to post a bond, the district court dismissed the case, and all fees and costs were awarded to our client. The decision was later affirmed by the Second Circuit Court of Appeals.
• Represented a publisher in a copyright infringement claim. After our client prevailed on all liability issues at trial, the district court awarded the client statutory damages and attorney's fees.