Vincent V. Carissimi
Vincent V. Carissimi is a partner in the Philadelphia office of Pepper Hamilton LLP and co-chair of the firm’s Intellectual Property Department and is a member of the Executive Committee. Mr. Carissimi’s practice is concentrated on counseling and litigation in the field of intellectual property, including copyright, trademark, trade secret and unfair competition matters. He has broad-ranging litigation experience involving the representation of clients as both plaintiffs and defendants in intellectual property and general commercial matters. He has prosecuted and defended actions in federal and state courts, as well as before the Trademark Trial and Appeal Board. Mr. Carissimi has extensive experience in prosecuting and defending TRO and preliminary injunction actions.
Mr. Carissimi has served as subcommittee chair of the ABA Trade Identity Committee on Fair Use of Trademarks. He has further served as a member of ABA subcommittees addressing issues of trade dress infringement, insurance indemnity for trademark infringement, false advertising and unfair competition.
The following engagements are representative of his litigation experience:
- obtained jury verdict and permanent injunction for a major pharmaceutical company in prosecuting an action for misappropriation of trade secrets and defending claims of libel, false light and breach of contract (Court of Common Pleas, Delaware County, Pa.)
- prosecuting a trademark counterfeiting action on behalf of the Recording Industry Association of America, arising out of the unauthorized manufacture and distribution of gold and platinum sound recording award plaques (D.N.J.)
- successfully defended pharmaceutical company in trade secret misappropriation preliminary injunction action; plaintiff withdrew its complaint (E.D. Pa.)
- settled on favorable terms for national check printing corporation a false advertising action brought by competitor involving representations made pertaining to the quality of MICR encoding of personal checks (E.D. Pa.)
- obtained summary judgment on claims of false advertising, right of publicity, trademark infringement involving the naming of medical instrumentation (D. Mass.)
- achieved a favorable settlement, including an award of damages, permanent injunctive relief, seizure and turn-over of infringing goods on behalf of a rug designer in a copyright infringement and Section 43(a) claim against an importer and major retail catalog company (E.D. Pa.)
- defended medical appliance company in false advertising/trademark infringement action (E.D. Pa.)
- successfully prosecuted trademark counterfeiting and copyright infringement actions on behalf of entertainment companies against persons and corporations selling pirated, bootleg and counterfeit audio cassettes, compact discs and video cassettes; relief obtained included preliminary and permanent orders of injunction and seizure, awards of damages and attorneys’ fees (E.D. Pa. and D.N.J.)
- in separate hearings, successfully defended against a motion for preliminary injunction and later was awarded a preliminary injunction on behalf of client in trademark dispute arising out of competing country western dance festivals (Court of Common Pleas, Cumberland County, Pa.)
- after a bench trial, obtained a judgment on counterclaim and dismissal of plaintiff’s claim in contract dispute between broker and medical services company (E.D. Pa.)
- obtained judgment for client in defense of negligence claim and award of damages on cross-claim after trial of action arising from failure of large electrical transformer at industrial park (Court of Common Pleas, Chester County, Pa.)
- secured dismissal of MCA Records, Inc. from a copyright infringement action arising from a Patti LaBelle recording that was alleged to have infringed the copyright of the co-author of the song (E.D. Pa.)
- served as co-counsel in a successful appeal in the Court of Appeals for the Seventh Circuit reversing district court38217;s entry of $1.2 million judgment and finding of trademark infringement for major household goods manufacturer
- represent members of the American Society of Composers, Authors and Publishers in successfully prosecuting scores of copyright infringement actions against establishments publicly performing non-dramatic musical works without a license (M.D. Pa., E.D. Pa.)
- awarded summary judgment and secured affirmance on appeal for heavyweight boxer and promoter in various actions alleging, among other claims, fraud, breach of contract and RICO violations (E.D. Pa., D.N.J., Court of Appeals, 3rd Cir.)
- secured dismissal of class action claim against insurance company client alleging multiple violations of state consumer fraud statute for low three-figure settlement payment (Court of Common Pleas, Philadelphia County, Pa.)
- prosecuting a surcharge action against a co-trustee for, inter alia, breaching duties of loyalty to trust comprised of commercial real estate properties (Court of Common Pleas, Orphans’ Court, Montgomery County, PA)
- represented, pro bono, the Philadelphia Vietnam Veterans Memorial Fund, Inc. in all matters related to the fundraising for, and construction of, a $1.2 million memorial for Philadelphia residents who were killed during the Vietnam conflict.
Mr. Carissimi is listed in The Best Lawyers in America and was selected for inclusion on the 2012 Pennsylvania Super Lawyers list.
Mr. Carissimi joined the firm in 1984 as an associate and became a partner in 1993. He is a former member of the Associates Committee and past chair of the Compensation Committee. Mr. Carissimi is a member of the Pennsylvania bar, and is admitted to the U.S. District Courts for the Eastern and Middle Districts of Pennsylvania and the U.S. Court of Appeals for the Second, Third and Federal Circuits.
B.A. 1975, cum laude, Boston University
J.D. 1984, summa cum laude, Dickinson School of Law; managing editor, Law Review
Admitted to practice in Pennsylvania