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The intellectual property Law Firm of Greenberg & Lieberman, LLC today announced that the Alexandria Circuit Court has ruled in favor of their client Alex McMillan IV, DDS, P.C., a Washington, DC area dentist, regarding a legal action initiated against a former employee charged with trademark infringement, trade secret violations, and domain theft.

On March 5, 2010, The Firm of Greenberg and Lieberman, LLC., led by Attorneys Stevan Lieberman and Debora McCormick, joined by local counsel Jonathan Westreich, completed a three day trial to adjudicate the intellectual property infringement matters brought before the court by Dr. McMillan. On March 17, 2010, the Court entered an Order which found that Thomas Winkler, the Defendant and former employee of Dr. McMillan, never had any ownership interest in Plaintiffs trademarks, "No matter how many Years and How Many Fears, It's Time for You to Smile Easy," "Burkedentists.com," and "SmileEasy.com." Further the court clarified that the trademarks are and always have been assets of Alex McMillan IV, DDS, P.C., and that Thomas Winkler deliberately and intentionally misappropriated the practice's trade secrets.

The Court Ordered Thomas Winkler to execute an assignment assigning all contested trademarks to Dr. McMillan and further ordered him to destroy all copies of a disputed patient list that the court determined was stolen from Dr. McMillan. A full copy of the Order may be seen at http://www.aplegal.com/ourwork.php. (http://bit.ly/94ToLV)

About Greenberg & Lieberman

Greenberg & Lieberman is an Intellectual Property Law Firm which has been in business since 1996 and provides patent, trademark, copyright prosecution, litigation and representation services. Greenberg & Lieberman serves clients nationally and internationally with a particular focus on computer / Internet law and patent prosecution for the small business. The firm has served over 20,000 clients.

Dr. Alex McMillan IV is a general dentist with locations in Burke and Alexandria, VA. With over 30 years of experience, Dr. McMillan's primary emphasis is on the provision of comprehensive restorative, cosmetic, implant and sedation dentistry.

There has been significant public interest and media coverage around this case over the last few days. For legal reasons, Nude has been unable to comment or make any statement until today.

Nude was founded by Bryan Meehan and Ali Hewson. Bryan originally co-founded Fresh & Wild, the UK's largest chain of Natural and Organic stores. Nude was created as a pioneering natural skincare range and is known for its innovative use of pre and probiotics.

Nude applied for and successfully registered the pan-European Community Trademark (CTM) for the word 'Nude' to be used as a trade mark specifically for perfumery and skincare, as well as for other products.

In May 2008, when asked for permission to use the trade mark 'Nude' for a Stella McCartney perfume, Nude - though great admirers of Stella McCartney - respectfully refused as a Nude scent is forthcoming..

Nude considers the launch of 'Stella Nude' by L'Oreal to be a clear infringement of Nude's trade mark. To protect their brand, Nude was forced to take the matter to the English High Court.

On August 20(th), the High Court confirmed that Nude has a clearly arguable claim of trade mark infringement against the Stella Nude perfume. The Judge also rejected L'Oreal's arguments that Nude's trade mark in relation to perfume was obviously invalid saying he was not convinced 'Nude' was descriptive of perfume. Nude was not granted an interim injunction to prevent the launch of Stella Nude because of the harm that would cause to L'Oreal due to the imminent launch, but the Judge concluded that whilst Nude "may ultimately prevail at the trial, it seems to me that an injunction and damages at that stage, though far from perfect as remedies, are more likely to be able to restore [Nude] to their rightful position".

A trial of Nude's claim will take place next year.

Source: Nude Skincare