Dawn Rudenko Albert

Dawn Rudenko is a member of the firm's Litigation and Intellectual Property Practice. Ms. Rudenko focuses her practice on U.S. and foreign trademark prosecution, U.S. copyright prosecution, trademark, counterfeit goods, copyright, patent, trade dress litigation opinion work licensing, due diligence investigations in merger and acquisitions (M&A) deals, privacy rights, cybersecurity as it relates to intellectual property (IP), and U.S. Customs and Border Protection recordation. Ms. Rudenko also manages global IP portfolios and counsels clients on brand protection, procurement, management and enforcement of IP rights worldwide.

Ms. Rudenko's clients span a range of industries, including financial services, consumer products, cosmetics, food and beverage, automotive, textile and apparel, media and entertainment, information technology, computer software and hardware, telecommunications, pharmaceutical and healthcare. Through this broad industry exposure, Ms. Rudenko has become adept in meeting her clients' needs regardless of the industry or business focus.

Ms. Rudenko routinely acts as legal counselor and advisor in the 1) maintenance and enforcement of client trademarks, copyrights and trade secrets in the U.S. and abroad, including acquisition and sale of rights, clearance and fair use; 2) advertising and branding strategies; 3) negotiation and drafting of trademark, copyright and patent licenses and other intellectual property-related agreements; 4) M&A and IP due diligence; 5) freedom to operate analyses and competitive landscape analyses; 6) Federal Trade Commission (FTC) and Food and Drug Administration (FDA) claim substantiation compliance; and 7) the management and monetization of intellectual property portfolios.

Ms. Rudenko is a seasoned litigator who has represented clients at bench and jury trials – both offense and defense – throughout the U.S., before the U.S. Patent and Trademark Office (USPTO), the Trademark Trial and Appeal Board (TTAB), the U.S. Court of Appeals for the Second Circuit and the U.S. Court of Appeals for the Federal Circuit. Ms. Rudenko's litigation and counseling experience involves an expansive array of products and technologies, including clothing designs, textiles, packaged food and shelf-stable beverage products, cosmetics, radio frequency identification systems, high performance tires, global positioning systems, dental implants and abutments, search engine software utilizing collaborative and content-based filtering, immunoassay screen tests, solid surface materials, computer jukebox systems, financial trading and brokering software systems, and teleconferencing systems.

Ms. Rudenko devotes a significant part of her practice to pro bono counseling and enforcement with a focus on civil and children's rights and protection.

Ms. Rudenko's representative litigation matters include the following:

Trademark Infringement

• Representing a national beverage manufacturer against claims of trademark and trade dress infringement, unfair competition under the Lanham Act, U.S.C. § 1051, et seq. and breach of contract
• Representing a global tire manufacturer against third parties for trademark infringement, trademark counterfeiting, unfair competition and false association under the Lanham Act, 15 U.S.C. § 1051 et seq., design patent infringement under the Patent Act, 35 U.S.C. § 101 et seq. and unfair competition under the common law
• Represented a radio/TV personality against claims of trademark infringement under the Lanham Act, 15 U.S.C. § 1051, et seq.
• Represented a multinational electronics company in a trademark infringement, false advertising, unfair competition, false designation of origin under Lanham Act, 15 U.S.C. § 1051, et seq., deceptive trade practices under NY Gen Bus Law § 349, false advertising under NY Gen Bus Law §§ 350-350-e and tortious interference with contracts
• Represented a large kosher food manufacturer and distributor against former employees and competitors for misappropriation of trade secrets and breach of confidence, unfair competition, trademark infringement under 15 U.S.C. § 1125(a), injury to business reputation and dilution of distinctive trademark under 15 U.S.C. § 1125(c) and New York Anti-Dilution Statute, N.Y. Gen. Bus. Sec. 360-1

Copyright Infringement

• Represented several large national retail chains against copyright infringement claims relating to fashion designs
• Represented national apparel manufacturer against several copyright infringement claims relating to fashion designs

Patent Infringement

• Represented a technology company in a patent infringement action against several multinational Internet technology and retail companies relating to search engine technology
• Represented a large international manufacturing company in a patent infringement action against a primary competitor relating to computer jukeboxes and computer jukebox networks that manage and distribute digital music to multiple jukeboxes
• Represented an international manufacturing company in patent infringement litigation against a primary competitor relating to countertop video game technology
• Defended a leading global technology company against patent infringement allegations relating to electronic radio frequency identification systems or radio-frequency identifications (RFIDs) and related technologies used to identify animals or inanimate objects
• Represented a leading financial markets operator in patent infringement litigation against a primary competitor relating to computerized trading methods for trading of financial instruments