Legal News

A Greenberg Publicity Ploy? Lawyer, Writer Sued Over IP Raid

By Dan Slater

Back in March, 2007, Larissa MacFarquhar, a reporter for the New Yorker magazine, wrote a profile of Greenberg Traurig lawyer Harley Lewin, entitled, “Bag Man.” Lewin has a high-profile practice enforcing laws against counterfeit fashion, which we assume became even more high-profile following MacFarquhar’s article.

As research for the article, MacFarquhar allegedly accompanied Lewin and other Greenberg lawyers, Steven Wadyka and Janet Hajek to the home of Richard and Catherine Snyder, who were the subject of a trademark suit brought by wrap-dress innovator Diane von Furstenberg.

According to a federal suit brought by the Snyders in the Eastern District of Virginia, the lawyers, accompanied by the New Yorker’s MacFarquhar and two members of the local police department, went to the Snyders’ home with a search warrant in order to seize “certain enumerated items, including allegedly counterfeit articles of clothing.” The Snyders say that MacFarquhar was present without authorization and that the lawyers removed items not within the scope of the warrant. Click here for the suit. (Gavel bang: Courthouse News.)

Among their claims, which include alleged violations of Section 1983, the Snyders claim abuse of process. “Law Defendants had at least one ulterior purpose in using this process,” the complaint says, “namely to show off for reporter MacFarquhar in the hopes of obtaining free publicity for themselves and their firm.”

Calls to the offices of Lewin, Wadyka and Hajek were not immediately returned. A call to Diane von Furstenberg Studio was not immediately returned. A New Yorker spokeswoman said the magazine has not yet been served and has no comment on the suit.

Notably, the Snyders are repped by Kenneth Cuccinelli, a republican candidate for Virginia Attorney General.

Full post as published by Law Blog - WSJ.com on December 12, 2008 (boomark / email).