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| Phone: (212) 808-7992 |
Fax: (212) 808-7897 |
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William Golden is a partner in the firm’s New York office and chair of the Patent and Technology practice group. He focuses his practice on the interaction between intellectual property and antitrust laws.
Mr. Golden counsels clients on the advertising, marketing and sale of pharmaceutical and consumer products, and litigates related disputes governed by the Sherman Act, Lanham Act, federal patent and copyright laws, and state antitrust and unfair competition laws. He has defended complex antitrust and securities class action lawsuits in federal and state courts and in the Delaware Court of Chancery, and has prosecuted numerous trademark, patent and copyright lawsuits.
Prior to attending law school, Mr. Golden spent three years in the U.S. Army where he served as a platoon leader in the 82nd (Abn) Division and as an adviser to a Vietnamese infantry battalion. |
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Representative Experience:
Served as lead trial counsel for Bacardi in extended litigation before the federal courts and in proceedings before the Patent and Trademark Office in which Bacardi established its rights to the HAVANA CLUB trademark in the United States. Reported decisions include: Havana Club Holding S.A. and Havana Club International v. Galleon S.A., Bacardi-Martini U.S.A., Inc. et al., 961 F. Supp. 498 (OFAC agency action held unreviewable); 974 F. Supp. 302 (S.D.N.Y.) (partial summary judgment granted cancelling plaintiff's trademark registration), 49 U.S.P.Q. 2d 1296 (motion to dismiss granted in part), 62 F.Supp 2d 1085, (S.D.N.Y.) (judgment for defendants after trial), aff’d, 203 F.3d 116 (2d Cir.) cert. den., 121 S. Ct. 278, 148 L.Ed2d 201 (2000). World Trade Organization proceeding initiated. Decision June 2001 rejecting EU complaint and upholding U.S. right to refuse to register "confiscated" trademarks. See also Pernod Ricard USA LLC v. Bacardi U.S.A., Inc. (D.Del. 2007) (dismissing Pernod’s 43(a) claim as to ownership of HAVANA CLUB mark).
Represented pharmaceutical companies in court and before the FTC in antitrust disputes arising out of the development and marketing of generic drugs. The aggregate value of the settlements recovered for our clients in these matters exceeds $100 million.
Counseled a major U.S. pharmaceutical company on the antitrust and regulatory issues attendant on entering a worldwide strategic alliance for the production, marketing and sale of pharmaceutical products.
Sucessfully argued appeals in the First, Second, Ninth and Federal Circuit Courts of Appeals. |
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Honors and Awards:
Ranked in Chambers USA as a leading practitioner in the intellectual property: trademark & copyright area, 2009 |
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Memberships and Associations:
New York State Bar Association, Special Committee on Biotechnology and the Law, 1994-present
Association of the Bar of the City of New York, Committee on Trademarks and Unfair Competition, chair, 1991-1994
International Trademark Association, Brief Amicus Committee, 1995-1997
American Inns of Court |
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Bar Admissions:
New York, 1975
Connecticut, 1980
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Courts:
U.S. Supreme Court
U.S. Courts of Appeals – First, Second, Ninth and Federal Circuits |
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| Education:
University of Virginia School of Law, J.D., 1974
Boston College, B.A., 1968
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Office Location:
101 Park Avenue
New York, NY 10178-0002
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