Successful Settlement of Trademark Infringement Against Direct Competitor
Obtained a $14 million jury verdict against OEM for trade secret misappropriation, unfair competition, trademark infringement, and breach of contract after two week trial. Also defeated counterclaims of trademark infringement and trademark dilution.
Joseph Barber
OEM Verdict
Obtained favorable settlement on eve of trial on behalf of agency hired by new minor league baseball team. Baseball team refused to pay agency for procurement of team sponsorships. Prior to trial, won all contested motions in limine and excluded baseball team’s expert.
Joseph Barber
Eve of Trial
Obtained favorable settlement on behalf of business owner against co-owner in multiple lawsuits for breaches of fiduciary duty, shareholder oppression, and breach of contract.
Joseph Barber
Eve of Trial
Represent generic drug manufacturer in on-going Hatch-Waxman Act litigation.
Joseph Barber
Eve of Trial
Obtained favorable settlement of trademark infringement claims against direct competitor. Competitor refused to settle early in the case. After close of fact discovery and development of significant evidence of intentional copying, competitor agreed to stop using the asserted trademarks and pay a monetary settlement.
Joseph Barber
Successful Settlement of Trademark Infringement Case
Obtained favorable settlement of case in favor of client asserting claims of trademark infringement and defending claims of false advertising. Settlement was reached on the eve of trial when defendant was made aware of its inability to prove counterclaim damages or admit important hearsay evidence.
Joseph Barber
Preliminary Injunctions Denied and Settlements Obtained in Trademark Infringement Actions
Represented a multibillion-dollar automotive supplier and successfully settled a complex patent infringement case in the District of Delaware after filing key motions to dismiss for failure to state a claim, as well as two petitions for inter partesreview, both of which drove plaintiff, who was represented by an AmLaw 100 firm, to settle.
Andrew (Jake) Grove
Preliminary Injunctions Denied and Settlements Obtained in Trademark Infringement Actions
Served as lead counsel for General Motors in a complex on-board computer systems case against a Chinese company where we brought claims for copyright infringement, DMCA violations, computer fraud and abuse, trademark infringement, trade secret misappropriation, and unfair competition and unjust enrichment. The case settled on terms favorable to our client after defeating the Chinese company's motion to dismiss. General Motors LLC, et al. v. Autel.US Inc. et al.,A. No. 2:14-CV-14864 (E.D. Mich).
Andrew (Jake) Grove
Trademark Rights Enforced on Behalf of Consumer Goods Companies
Secured a dismissal with prejudice against a patent owner in a large, multi-defendant patent infringement case. After the Markman and discovery phases, we noticed that the patent owner failed to uncover sufficient infringement evidence against our client and confronted the patent owner with a motion for summary judgment, an expert report pointing out the evidentiary deficiency, and a motion challenging the qualification of the patent owner's expert and the validity of the expert's report. Resulted in patent owner dismissing the case with prejudice and with no money paid.
Andrew (Jake) Grove
Successful Settlement of Trademark Matter Ensures Right For Client to Keep Using Its Name
Settled a trademark infringement matter and secured the right for our client to keep using its name. We successfully drove the settlement by filing a motion to remove the case to federal court, a motion to dismiss the plaintiff's dilution claim, and advising plaintiff that it had no rights in its mark outside of its local area.
Andrew (Jake) Grove
Trademark Rights Enforced on Behalf of Automotive OEMs
Enforced various trademark rights on behalf of automotive OEMs.
Andrew (Jake) Grove
Plaintiff Drops Trademark Infringement Action Against Nonprofit Veteran's Organization
Represented a nonprofit veteran's organization against a claim of trademark infringement by persuading the plaintiff to drop its claim.
Andrew (Jake) Grove
Seizure of Infringing Shoes at Tradeshow
Represented shoe manufacturer in connection with enforcement of its design patents and trademarks. Successfully obtained and executed order permitting the seizure of shoes displayed at the World Shoe Association tradeshow.
Jonathan W. Fountain
National Steakhouse Settles Trademark Infringement Claim
Represented restaurant owners in defense of trademark infringement claims brought by national steakhouse. Successfully negotiated settlement of dispute.
Jonathan W. Fountain
Foreign Nationals' Online Casino Websites Shut Down for Trademark Infringement and Cybersquatting
Represented Las Vegas casinos in multiple trademark infringement and cybersquatting cases against foreign nationals operating online casinos using counterfeit trademarks. Successfully obtained orders shutting down the websites.
Jonathan W. Fountain
Franchisor Obtains Injunction
Represented a tutoring franchisor in litigation against a franchisee that continued using the franchisor's trade secrets, marks, and trade dress following termination of the franchise agreement. We prevailed against the franchisee's efforts to have the claims dismissed and removing the case to federal court, and obtained an injunction enjoining franchisee's wrongful conduct following an evidentiary hearing.
Robert Hernquist
Successful Dismissal of Trademark Infringement Action – Metatag Evidence Too Speculative
Obtained dismissal of trademark infringement action against a manufacturing company in the Northern District of Illinois after previously defeating a motion for temporary restraining order. The Plaintiff asserted trademark infringement through metatags to direct online shopping search results. We successfully argued to the Court that the Plaintiff's allegations were based on speculation and contained no factual support.
Joseph Barber
Lead Counsel in Trademark Matters for Worldwide Leader in Diving and Safari Excursion Travel Industry
Lead counsel in prosecuting USPTO and U.S. Trademark Trial and Appellate Board proceedings that protect a global family of trademarks on behalf of a worldwide leader in the diving and safari excursion travel industry.
W. West Allen
Protected NYSE® Corporation's Trademarks and Brand Name
Lead intellectual property litigation counsel for international NYSE® telecommunications and data center corporation in federal trademark litigation and strategic counseling to protect a worldwide brand name.
W. West Allen
Trademarks Protected for Worldwide Leader in Textile Manufacturing and Luxury Hotel Linen Industry
Lead counsel in prosecuting USPTO and Trademark Trial and Appellate Board proceedings that protect a global family of trademarks on behalf of a worldwide leader in textile manufacturing and the luxury hotel linen industry.
W. West Allen
Patent, Trademark, Copyright, and Trade Secret Rights Enforced on Behalf of U.S. and International Clients
As lead prosecution counsel and defense counsel, successfully negotiated and resolved scores of U.S. Federal Court patent, trademark, copyright, and trade secret intellectual property disputes involving U.S. and foreign companies, including international clients from, among other places, China, Canada, Mexico, Austria, and Australia.
W. West Allen
Seizure of Infringing Nutritional Supplements at Tradeshow
Represented nutritional supplement manufacturer in connection with the enforcement of its patents and trademarks. Successfully obtained and executed order permitting the seizure of nutritional supplements displayed at SupplySide West tradeshow.
Jonathan W. Fountain
Successful Defense of Trademark Infringement Claims Against Healthcare Companies
Represented healthcare companies in defense of trademark infringement claims brought by public university.
Jonathan W. Fountain
Registrant of Domain Names Using Blackmail Scheme Identified
Represented owner of retail stores in action against anonymous registrant of domain names used in blackmail scheme. Obtained an order identifying registrant.
Jonathan W. Fountain
Dismissal with Prejudice Obtained in Design Patent Infringement Action
Secured a dismissal with prejudice in a case against our clients for design patent infringement, false advertising, and tortious interference in exchange for no payment from our client. We brought counterclaims for false assertion of patent coverage and false association under the Lanham Act, which drove the favorable settlement. AirHawk International, Ltd. v. TheRealCraigJ, LLC et al., 8:16-CV-00624 (C.D. Cal. 2016).
Andrew (Jake) Grove
Seizure of Infringing Tires at Tradeshow
Represented tire manufacturer in connection with enforcement of its trademarks. Successfully obtained and executed order permitting the seizure of tires displayed at SEMA tradeshow.
Jonathan W. Fountain
Summary Judgment Granted for Shoe Manufacturer in Defense of Trademark Infringement Claims
Represented shoe manufacturer in defense of trademark infringement claims. Obtained an order striking plaintiff’s expert report and obtained summary judgment on behalf of shoe manufacturer.
Jonathan W. Fountain
Successful Settlement for Telecommunications Company in Trademark Ownership and Infringement Case
Successfully defended a telecommunications client in a complex trademark ownership and infringement case, reaching a favorable settlement after winning key victories in preliminary injunction and discovery motions.
Andrew (Jake) Grove
In-House Counsel for Big Boy Restaurants
Acted as interim in-house general counsel for 12 months for Big Boy Restaurants International, a regional family restaurant franchisor, in matters such as advising, directing, and handling the legal aspects of franchising, leasing, construction, employment, insurance, property sales, trademark, and various other day-to-day legal matters as they arose.
Brad Knickerbocker
Lead Trial Counsel for Dietary Supplement Manufacturer
Lead trial counsel for a popular dietary supplement manufacturer in numerous high stakes contract, business tort, trade secret, and trademark litigation matters nationally.
Patrick M. McCarthy
Seizure Order, Permanent Injunction and $56MM Judgment for Shoe Manufacturer
Represented a shoe manufacturer in a copyright and trademark infringement action arising out of the sale of counterfeit footwear accessories. We obtained a seizure order, permanent injunction, and a $56MM judgment.
Robert Hernquist
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