Tarter Krinsky & Drogin filed a patent and trade dress infringement complaint on behalf of its client Urban Umbrella, alleging that Spring Scaffolding made, advertised, sold, and installed sidewalk sheds that infringed Urban Umbrella’s patent and trade dress rights. The Tarter Krinsky & Drogin team, led by Chair of the Construction Practice David J. Pfeffer and Intellectual Property Partner Mark J. Rosenberg, state in the complaint that Urban Umbrella owns all rights in the only alternative scaffolding design permitted under New York City law.
In 2010, Urban Umbrella won the international urbanSHED Design Competition for its unique sidewalk scaffolding. The competition was sponsored by the New York City Department of Buildings (DOB). The design’s all-white structure is a prominent and integral part of its individuality and has since been incorporated into the DOB’s building code which only permits variances from New York’s traditional green scaffolding by scaffolding designs “whose prototype won a design competition recognized by the city.” To date, Urban Umbrella’s design is the only such model.
“Over the years, we have helped our client develop their business after their innovative design changed the landscape of scaffolding in New York City. Urban Umbrella is an innovator and our goal is to ensure that its designs and brand are fully protected so it can continue to grow,” Mr. Pfeffer and Mr. Rosenberg said in a joint statement. “Our client’s business goals are the top priority for our team and, utilizing our multidisciplinary experience, we are confident in our client’s case as it progresses.”
Urban Umbrella, owned by Urban Intelligence, designs, manufactures, sells, rents, and installs sidewalk bridges, scaffolding, and sheds throughout the US and Canada. Over the last seven years, it has completed over 275 jobs with the world’s top developers, property owners, property managers, brands, and contractors.
“Urban Umbrella has spent the past decade prudently developing the first sidewalk scaffolding product of its kind. We established the company with the intent to protect New Yorkers while beautifying our city’s streets. By winning the UrbanShed design competition back in 2009, we were granted the opportunity to reinvent an industry in dire need of change, and while we respect and welcome competition, the public has come to know our company for our white product, its swooping arched design, and its custom lighting,” said Urban Intelligence in a statement. “We are disheartened that these recent imitations are being misidentified by many as Urban Umbrella’s designs, which we have spent so much time, money, and skill perfecting. We intend to vigorously protect our rights in the unique Urban Umbrella design from all infringers and cement our place as the sole alternative scaffolding design on the market.”
Tarter Krinsky & Drogin’s Construction Practice, named a Law360 Practice Group of the Year, serves as a partner to educational institutions, healthcare institutions, and non-profit organizations, advising them on all aspects of their construction, real estate, development, financing, and business matters. The Construction team represents owners, developers, contractors, and design professionals in all phases of the construction process, negotiating complex transactions and guiding clients through construction-related disputes. Providing clients with valued guidance throughout development, the team helps them navigate any hurdle that presents itself, such as delays, liens, violations, and neighboring access negotiations.
The Firm’s Intellectual Property Practice assists clients in developing, protecting, enforcing and licensing their intellectual property rights globally. Armed with deep technical and legal experience, the team advises clients on all intellectual property matters, including patent, trademark, and copyright prosecution and litigation, IP-related transactions, due diligence, product clearances, license agreements, Amazon and e-commerce issues, pharmaceutical and biologics matters, and online privacy and security.