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Haynes and Boone

Richard D. Rochford

Richard D. Rochford

Partners

Expertise

  • Advertising, Marketing, and Promotional Law
  • Intellectual Property
  • Trademark Litigation

WSG Practice Industries

Activity

Haynes and Boone
New York, U.S.A.

Profile
Richard Rochford, Chair of Haynes and Boone’s Intellectual Property Litigation Practice Group, has been handling patent, trademark, copyright and trade secret cases—at trial and through successful motion practice and favorable settlements—for more than 25 years. World Trademark Review (WTR) 1000, Globe Business Publishing Ltd (2019), recognized Rich as one of New York’s top lawyers in Enforcement and Litigation, noting he is hailed by clients as “a fantastic trial lawyer.” Many of those victories have come in all or nothing conflicts, for both multinational corporations and emerging companies built on innovation. Rich has served as lead counsel in more than 100 intellectual property matters in federal district courts from Oregon to Georgia, and he has argued more than a dozen appeals, many of them in the Federal Circuit.

Owners of some of the world’s most recognized brands and designs have turned to Rich to protect and enforce their most valuable assets. As lead counsel, Rich has secured trial and arbitration wins for leading consumer products, automotive, alcoholic beverage, retail and technology companies. He has litigated dozens of false advertising matters including federal court trial wins in addition to yielding successful results before the National Advertising Division (NAD).

Rich’s track record of success in complex patent and trade secret lawsuits—in cases ranging from vaccines and medical devices, to chemical compositions, to lasers, electronics and software—results from his ability to effectively describe sophisticated technologies and convey complicated legal concepts: “[h]e is great at explaining issues clearly and concisely in the courtroom,” according to IAM 1000: The World’s Leading Patent Practitioners, Globe Business Publishing Ltd (2012).

Rich has extensive experience with alternative dispute resolution, and he has served as an arbitrator and mediator in major patent, trade secret and trademark disputes administered by CPR, the International Institute for Conflict Prevention and Resolution. Rich taught as an adjunct professor at Syracuse University School of Law for 15 years, and he speaks regularly on intellectual property and litigation issues. Rich has presented at national meetings of the Intellectual Property Owners, American Chemical Society, International Trademark Association, American Bar Association and the United States Patent and Trademark Office.

Bar Admissions

New York
Massachusetts
Virginia
District of Columbia

Education

J.D., Boston College Law School
A.B., Hamilton College
Areas of Practice

Advertising, Marketing, and Promotional Law | Intellectual Property | Trademark Litigation

Professional Career

Significant Accomplishments

• Represented Rev.com in a California federal court trademark infringement and unfair competition matter relating to real-time transcription technology.
• Served as lead counsel for Galderma and Nestle Skin Health in this ANDA patent infringement action. (D. Del.). The case involved Galderma’s branded Oracea Product, a treatment for rosacea, and a proposed generic product called Zenavod, and involved novel issues relating to the purchase of the generic product by the branded company and various alleged license obligations, in addition to typical patent infringement issues. The case has been resolved on terms highly favorable to our client.
• Representing a telecommunications company in advertising disputes before the National Advertising Division (NAD).
• Represented the Hechinger Institute on Education and the Media, Teachers College, Columbia University, against Plaintiff’s claims of defamation. The claims arose from an article in the Hechinger Report concerning published allegations that Plaintiff forced black students in her middle school class to lie on the floor and engage in other demeaning activities during a lesson on slavery. We successfully argued that the article is protected opinion under the First Amendment, leading to dismissal of the claims. Plaintiff filed an Amended Complaint and dismissal was again confirmed.
• Brought claims in California federal court against competitors for allegedly knocking off the product design and branding of client Benebone, a leading dog chew toy brand. The claims at issue included trade dress infringement, design patent infringement, and violations of California state unfair competition laws.
• Represented Table De France in a multi-district trade dress infringement dispute relating to the swirl design on rolled wafer cookies.
• Represented Pacific Northwest College of Art against claims of copyright infringement arising from the use of music on a number of YouTube videos.
• Represented a medical company specializing in eye care products in an advertising dispute at the National Advertising Division (NAD). The parties involved are major market players with customer loyalty and trust at stake in a multibillion dollar industry that seeks to improve lives by bettering vision.
• Represented One Jeanswear Group in a trademark infringement dispute relating to its well-known Gloria Vanderbilt Amanda Jeans brand.
• Represented a Japanese consumer electronics and video game company in a copyright and trademark infringement dispute in the Central District of California.
• Represented the pharmaceutical company Galderma Laboratories, in a trademark dispute relating to its Cetaphil Restoraderm brand against an inventor who alleged ownership over the Restoraderm trademark. Plaintiff sought $68 million in damages and a permanent injunction barring Galderma from selling Cetaphil Restoraderm. After a ten-day jury trial, secured dismissal of claims that Galderma infringed any trademark and contract rights. After appeal by the plaintiff, secured a complete victory before the Third Circuit Court of Appeals dismissing all claims against our client, Galderma.
• Represented Galderma Laboratories in a patent license agreement dispute relating to its Oracea treatment for rosacea.
• Served as lead counsel for defendant, an award winning supermarket chain, in a series of false advertising claims asserted by a competing club store before the National Advertising Division (NAD).


WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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