Desktop Image: Toaltoan, Danielle
Mobile Image: Toaltoan, Danielle
L. Danielle Toaltoan
Partner
Chair, Office DEI Committee (New York)
Protecting my clients' intellectual property assets presents me with new and exciting challenges every day.
Danielle Toaltoan teams with her clients – from young start-ups to large companies – to safeguard their most important asset: their intellectual property. Specifically, she has handled more than a dozen trademark and copyright infringement cases and has significant experience in trademark enforcement and prosecution. Danielle also has developed a commercial litigation practice where she assists clients with breach of contract disputes.
Garan, Incorporated v. Manimal, LLC
Secured a rare order from an Oregon federal judge reversing a decision of the Trademark Trial & Appeal Board (TTAB). The judge found that client's Garanimals mark is famous and entitled to broad protection and cancelled the TTAB's registration of a similar brand name for clothing. (January 2022)
Kate Spade LLC v. Thatch, LLC
Represented opposer, Kate Spade LLC, against applicants, which were companies operated by the founders of the Kate Spade brand, in opposition to applicants' trademark applications relating to SPADE marks for clothing, footwear and perfume. This action proceeded through trial before the Trademark Trial and Appeal Board, and the board granted judgment in favor of opposer. (T.T.A.B. 2020)
SM Kids, LLC v. Google LLC
Represented the plaintiff in a breach of contract action against Google concerning Google's alleged breach of a prior settlement agreement concerning the scope of its rights to the Google trademark. This case raises interesting questions regarding "use in commerce," which we have appealed before the 2nd Circuit. The 2nd Circuit sided in plaintiff's favor, remanding the suit to the lower court and ruling that the district court wrongly dismissed the suit on grounds that the owner lacks standing. (S.D.N.Y. 2018)
Montauk Juice v. Starbucks
Represented Starbucks in trademark infringement action brought by owner of purported mark UNICORN LATTE complaining of Starbucks’ limited time offer of a beverage named “Unicorn FRAPPUCCINO.” Case settled. (E.D.N.Y. 2017)
Holy Spirit Association for the Unification of World Christianity v. World Peace and Unification Sanctuary, Inc.
Representing the Holy Spirit Association for the Unification of World Christianity, an international church organization, against defendant, a splinter church, for infringing plaintiff's longstanding trademark used to identify its religious services. The parties have filed cross motions for summary judgment, which have been fully briefed and are pending before the court. (M.D. Pa. Ongoing)
Searching...
Admitted to Practice
- New York, 2013
- U.S. District Court, Eastern District of New York, 2014
- U.S. District Court, Southern District of New York, 2014
Education
- J.D., Columbia Law School, 2011
- Editor-in-Chief, Columbia Journal of Gender & Law, 2011
- Mediation Clinic
- Admissions Committee Chair, Black Law Students Association
- Frederick Douglass Moot Court
- B.A., Political Science, Swarthmore College, 2007, with high honors
- Dean's Award
- Oak Leaf Award
- Gertrude Stein/Theresa Cha Award
Memberships & Affiliations
- Board of Managers, Swarthmore College, 2009-2013
- Board of Managers, Westtown School, 2015-present
Professional Recognition
- Named "One to Watch" by Best Lawyers in Intellectual Property Law, 2021-2025
- Selected to "New York Rising Stars" in Intellectual Property, Thomson Reuters, 2021-2023
- Named a "Highly Commended" Future Leader in Diversity & Inclusion, Chambers USA, 2020
- Named a "Rising Star" by the New York Law Journal, 2022
Background
- Associate, Dechert LLP, New York, N.Y., 2011-2015
- Summer Associate, Dechert LLP, New York, N.Y., 2010
- Judicial Intern, Hon. Deborah Batts, U.S. District Court, Southern District of New York, New York, N.Y., 2010
- Legal Intern, Women's Rights Project, American Civil Liberties Union, New York, N.Y., 2010
- Legal Intern, Human Rights Institute, New York, N.Y., 2009
- Philly Fellow, Community Projects Associate, The Enterprise Center Community Development Corporation, Philadelphia, 2007-2008
- Kirkland & Ellis Diversity Fellow, Research Assistant, American Bar Foundation, Chicago, 2006
Searching...
Publications
08.15.24
News
2025 Edition of Best Lawyers Recognizes More Than 180 Davis Wright Tremaine Attorneys for Excellence Read More Publications
03.29.24
News
World Trademark Review Names 10 IP Attorneys at Davis Wright Tremaine as Among the Nation's Best Read More Publications
08.17.23
News
2024 Edition of Best Lawyers Recognizes More Than 175 Davis Wright Tremaine Attorneys for Excellence Read More Publications
10.13.22
News
Intellectual Property Litigation
New York Law Journal Names Davis Wright Tremaine's Danielle Toaltoan a 2022 Rising Star Read More Black history month abstract
02.10.22
Publications
Project W - The Intersection of Racial Justice and Commerce Read More Publications
01.03.22
News
Davis Wright Tremaine Promotes Highly Diverse 2022 Partnership Class Read More Publications
08.19.21
News
Twelve From Davis Wright Tremaine Named 2022 "Lawyers of the Year" by Best Lawyers Read More Publications
2020
News
"Pardon Reduces Exposure to Deportation," Davis Wright Tremaine Pro Bono & Social Impact Report Read More External LinkPresentation
11.12.20
Presentations
Co-presenter, "Diversity and Inclusion in Coastal Big Law: the Inside Story" Read More Publications
08.20.20
News
Twelve From Davis Wright Tremaine Named 2021 "Lawyers of the Year" by Best Lawyers Read More Publications
2017
News
"Targeted by ICE, New York Parks Department Worker Gets Relief," Davis Wright Tremaine Pro Bono Report Read More 09.25.17
Publications
Brand Protection & Advertising
Co-author, "Court Awards Tiffany Damages in Costco Infringement Case," World Trademark Review
Your search returned no results. Please try another search or remove search criteria.