Haven Capital Management, Inc. v. Havens Advisors, L.L.C. et al.

Cornerstone Research was retained by counsel for the defendants who were accused of trademark infringement under the Lanham Act.

Retained by Schulte Roth & Zabel

Cornerstone Research was retained by counsel for the defendants who were accused of trademark infringement under the Lanham Act. The owner of the HAVEN trademark, Haven Capital Management, manages a mutual fund and offers advisory services to private accounts. One of the defendants, Nancy Havens-Hasty, had left Bear Stearns to start her own asset management firm, Havens Advisors, which focuses on “event based” investing, particularly in the areas of distressed securities and risk arbitrage opportunities. The plaintiffs alleged that use of the name Havens infringed on the HAVEN mark because it caused confusion in the market.

We worked with Dr. John Peavy III of Founders Trust to address the Polaroid tests of confusion, including similarity with the mark, relatedness of the markets/goods, confusion between the two names, quality of the defendant’s products, and the sophistication of the buyers of the goods. The District Court found in favor of the defendant following a bench trial and frequently cited Dr. Peavy’s testimony and expert report in its opinion and order.