Ethan Horwitz is a partner in King & Spalding’s Intellectual Property practice and is resident in the New York office. Mr. Horwitz maintains a diverse practice and has over 25 years of experience in the full range of intellectual property law. He has advised clients and has litigated patent, trademark, trade dress, copyright and false advertising cases in the United States and internationally. Mr. Horwitz’s practice includes worldwide acquisition and enforcement of intellectual property and advising clients on the enforcement of their intellectual property.

Mr. Horwitz has represented a variety of clients in various electronic, chemical and mechanical patent litigations. His experience in patent litigation also includes a historic patent case in which he obtained the first-ever preliminary injunction on a design patent on behalf of Oscar Mayer in defending their Lunchables product against Sara Lee. Mr. Horwitz has also represented Miller and Molson, who were accused of violating Labatt’s patent on the process for making ice beer. His experience also includes representing Spansion against Samsung in a flash semiconductor patent infringement and ITC case which was described as one of the largest patent cases ever brought. Mr. Horwitz has litigated and advised clients in such technologies as computer software, telephone logging, voice over Internet, computer vision, video compression technology, brewing technology, pharmaceuticals food chemistry, chemical processes, skin transplants, anti-oxidants and simple mechanical products. Mr. Horwitz is listed in Euromoney’s Guide to the World’s Leading Experts in Patent Law and in Intellectual Asset Management’s IAM 250- The World’s Leading IP Strategists. Mr. Horwitz is the author of the three volume treatise Patent Litigation: Procedure and Tactics.

Mr. Horwitz has successfully litigated various trademark, trade dress and dilution actions including representing Pepperidge Farm in a landmark case obtaining a preliminary injunction based on its rights to the shape of its Goldfish cracker. This case is one of the first to issue a preliminary injunction solely on the basis of a dilution claim. In other trademark and trade dress cases, he successfully defended Lotus’s mark “Notes” against an attack by Borland; Kraft’s trade dress for its Singles product against infringement by Borden; and Kraft’s trade dress and trademark for its Philadelphia Cream Cheese product from infringement by Bongrain in Brazil. Mr. Horwitz successfully defended Cosmair (L’Oreal) and Ralph Lauren in an action brought by Calvin Klein to enjoin their new fragrance, Ralph Lauren Romance, and successfully defended JPMorgan Chase from a claim of infringement by the former executives of the Freedom National Bank of Harlem, through Chase’s use of Chase Freedom and a credit card; the case was affirmed by the Third Circuit. He is listed in Euromoney’s Guide to the World’s Leading Experts in Trademark Law. Mr. Horwitz is the author of the five volume treatise World Trademark Law & Practice.

In false advertising cases, Mr. Horwitz represented Kraft’s Jell-O gelatin and stopped Del Monte from calling its product “Gelatin Snacks” – when they were actually made out of carrageen which is commonly called a gelatin but did not meet the technical definition of a gelatin. In addition to many court actions involving false advertising, he has also brought and defended cases before the National Advertising Division of the Better Business Bureau (NAD) and its equivalent in Canada and Germany.

Mr. Horwitz represented Joe Simon, the co-author of the famous comic character Captain America, against Marvel Comics and won a landmark Second Circuit case holding that Mr. Simon had the right to sue to recover his copyright from Marvel. In another one of his copyright cases, Mr. Horwitz’s client, Colgate, was accused of copying Procter & Gamble’s advertising for Crest toothpaste; the respective ads were used by both companies in many countries around the world. He argued the case before the National Copyright Administration in Beijing, and then tried the case to a successful conclusion in the Southern District of New York, which was affirmed by the Second Circuit. In another copyright case, J. Walter Thompson and Northwest Mutual Life were accused of copying Chase Manhattan’s advertising. Mr. Horwitz successfully resisted a preliminary injunction in that case and created new law that, based on delay alone, a preliminary injunction could be refused. In addition, he has extensive experience in copyrights relating to computer programs.

Mr. Horwitz has advised clients on establishing worldwide protection for their intellectual property and has set up and implemented anti-counterfeiting programs for clients such as Timberland and David Yurman. He has also advised clients regarding the launching of products and/or advertisements to ensure that they do not violate the intellectual property rights of others and that the claims are substantiated. He is listed in the International Who’s Who of Business Lawyers and in New York Superlawyers.

Mr. Horwitz has been an active member of the International Association for the Protection of Intellectual Property (AIPPI), Inter-American Association for the Protection of Intellectual Property (ASIPI), Federation Internationale Des Conseils En Propriete Industrielle-Commision d’Etude et de Travail (FICPI), New York Intellectual Property Law Association, Institute of Trademark Agents, International Trademark Association (INTA) and the American Intellectual Property Law Association (AIPLA).

Mr. Horwitz is the author and/or editor of three prominent treatises in the IP field:

• Patent Litigation: Procedures and Tactics (3 volumes),
  
  
• Intellectual Property Counseling and Litigation (7 volumes), and
  
  
• World Trademark Law and Practice (5 volumes)

– all published by Matthew Bender & Co, LexisNexis. He is also on the Board of Editors of Commercial Damages, Reporter, and Managing Intellectual Property. He is also the author of numerous intellectual property articles in such publications as The National Law Journal, the New York Law Journal, Managing Intellectual Property and Metropolitan Corporate Counsel. Mr. Horwitz was an adjunct professor at Fordham University School of Law, and is a frequent lecturer around the world in intellectual property matters. In addition, he co-chairs PLI’s annual Advanced Patent Licensing program and co-chaired for many years PLI’s annual Advanced Licensing Seminar.