Judd Lauter

Cooley secured a favorable decision for VideaHealth in a lawsuit brought by Overjet, one of VideaHealth’s competitors in the field of artificial intelligence (AI) solutions for dental services organizations and practitioners. 

In February 2024, Overjet filed a lawsuit in the US District Court for the District of Massachusetts against VideaHealth in which it alleged trademark, copyright and patent infringement, as well as false advertising under the federal Lanham Act and Massachusetts state law. Specifically, Overjet alleged that:

• VideaHealth infringed Overjet’s purported rights to the registered mark DENTAL ASSIST.
• VideaHealth’s use of various colors and shapes in its radiograph overlaps infringes Overjet’s nonliteral elements of its software copyrights.
• VideaHealth’s AI offering infringes Overjet’s patents. 

Overjet also moved for a preliminary injunction. In July 2024, Judge Allison D. Burroughs issued a 31-page order denying Overjet’s preliminary injunction motion on all claims – namely, copyright infringement, trademark infringement, false advertising and unfair competition. She held that “Overjet has failed to demonstrate that the color, shape, and shades used in its Visualization Tool are copyrightable, that Videa has made materially false and misleading statements when advertising its products, or that it is likely to suffer irreparable harm.”

This is a significant win for VideaHealth against one of its top competitors in the dental AI space.

Cooley advised Jackpocket, the first licensed third-party lottery courier app in the US, on its definitive agreement to be acquired by DraftKings for $750 million.

Cooley advised Thirty Madison, a family of specialized healthcare brands, in its acquisition of certain assets from The Pill Club, following a sale process conducted by The Pill Club under Section 363 of the US Bankruptcy Code.

Cooley secured a product line-saving trademark victory for Hailey Rhode Bieber and her companies, Rhodedeodato and HRBeauty, on July 22 when the US District Court for the Southern District of New York denied Rhode NYC’s motion for a preliminary injunction seeking to enjoin Bieber from offering her recently launched skin care line under the RHODE mark. Lawyers Michael Rhodes, Brendan Hughes, and Rebecca Givner-Forbes are leading the Cooley team advising Bieber and her companies.

Cooley advised Snyk, a leader in developer security, on its acquisition of Fugue, a cloud security and compliance company. Partners Ian Nussbaum and Ben Shribman led the Cooley team advising Snyk.