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| Phone: (212) 808-7992 |
Fax: (212) 808-7897 |
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| Mr. Golden is a partner in the Firm's New York office. Mr. Golden's practice focuses on counseling clients as to questions arising out of the advertising, marketing and sale of pharmaceutical and consumer products and litigating related disputes, particularly those governed by the Sherman Act, the Lanham Act, federal patent and copyright laws, and state antitrust and unfair competition laws. Mr. Golden has successfully defended complex antitrust and securities class action suits in federal and state courts and in the Delaware Court of Chancery and successfully prosecuted numerous trademark, patent, and copyright suits. His special expertise concerns the interaction between intellectual property and antitrust laws. He is the Chair of the Intellectual Property and Technology Litigation Practice Group. |
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Representative Experience:
- Was 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).
- Successfully 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 one hundred million dollars ($1,000,000,000).
- 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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Professional Activities:
Member, Special Committee on Biotechnology and the Law, New York State Bar Association, 1994-Present
Member, Brief Amicus Committee, International Trademark Association, 1995-97
Chair, Committee on Trademarks and Unfair Competition, Association of the Bar of the City of New York, 1991-94
Member, American Inns of Court
Member, Association of the Bar of the City of New York
Member, New York State Bar Association |
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Prior Positions:
Before he joined Kelley Drye & Warren LLP in 1987, Mr. Golden was a partner at Rogers Hoge & Hills, a New York City law firm. He is a graduate of the University of Virginia School of Law and Boston College. 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 an adviser to a Vietnamese infantry battalion. |
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Bar Admissions:
New York, 1975
Connecticut, 1980
U.S. Court of Appeals, First, Second, Ninth and Federal Circuits
U.S. Supreme Court
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| Education:
University of Virginia, JD, 1974
Boston College, BA, 1968
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Office Location:
101 Park Avenue
New York, NY 10178-0002
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