Richard A. De Sevo has extensive litigation, class action and counseling experience in false advertising, consumer fraud. trademark, trade dress and copyright matters. Mr. De Sevo has litigated numerous trademark and false advertising actions under the Lanham Act, and successfully defended over 30 state and national putative consumer fraud class actions in New York, California, Texas, Illinois, Massachusetts, Florida and Louisiana.

In addition to numerous other litigations in these fields, Mr. De Sevo has represented clients in alternative dispute resolution proceedings before the National Advertising Division of the Council of the Better Business Bureaus and in investigations by state attorneys general under state consumer fraud and deceptive trade practices acts.

Experience

  • Avon in obtaining denial of certification of class of purchasers of anti-aging cosmetics. In re Avon Anti-Aging Skincare Creams & Prods. Marketing & Sales Practices Litig, 2015 U.S. Dist. LEXIS 133484 (S.D.N.Y.)
  • Hershey in obtaining a preliminary injunction and consent decree enjoining Steve Hershey from using the Hershey Company’s famous trade dress in political advertising. Hershey Co. v. Friends of Steve Hershey, 33 F. Supp. 3d 588 (D. Md. 2014)
  • Hershey in successful defense against a claim that its KISSES mark was generic (D.N.J.) and against a preliminary injunction action asserting trademark infringement and false advertising claims that sought to stop the launch of Hershey’s SmartZone bar (D. Mass.).
  • JA Apparel in obtaining a permanent injunction barring the designer Joseph Abboud from infringing JA Apparel’s JOSEPH ABBOUD trademarks. JA Apparel Corp. v. Abboud, 682 F. Supp.2d 294 (S.D.N.Y. 2010)
  • Pfizer in successful appeals of orders certifying a class of Listerine purchasers alleging consumer fraud claims under Massachusetts and California law. Kwaak v. Pfizer, 71 Mass. App. Ct. 293 (2008); Pfizer Inc. v. Superior Court, 182 Cal. App. 4th 622 (2010)
  • Pfizer in the dismissal of consumer fraud claims on grounds of federal preemption, Mills v. Warner-Lambert Co., 581 F. Supp.2d 772 (E.D. Tex. 2008); Kanter v. Warner-Lambert Co., 99 Cal. App. 4th 780 (Cal. Ct. App. 2002)
  • ABC and Granada Entertainment in the successful defense against claims that the television program “I’m a Celebrity – Get Me Out of Here” infringed CBS’s copyright and trade dress rights to the television program “Survivor”. CBS Broadcasting Inc. v. ABC, Inc., 2003 U.S. Dist. LEXIS 20258 (S.D.N.Y.)

Credentials

Education
  • JD, Georgetown University Law Center, 1976, with honors
  • AB, Syracuse University, 1973, magna cum laude, Phi Beta Kappa
Admissions
  • New York
  • US District Court, Eastern District of New York
  • US District Court, Southern District of New York
  • US Court of Appeals for the Federal Circuit
  • Supreme Court of the United States
Overview

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