Intellectual Property

Copyright infringement action brought by a textile converter against a major retail store for the sale of allegedly infringing garments that contained plaintiff’s proprietary artwork. At issue was whether the group of works qualified as a “single work” registration, and whether a supplemental registration operated to correct an error or to amplify the information given in the basic registration.

Claims for trademark infringement and related claims brought by a manufacturer and distributor of Vietnamese soup bases against a competing company regarding seven trademark registrations for Vietnamese phrases. At issue was whether a non-disclaimed word in the phrases was a valid and protectable trademark.

Plaintiff textile company sued Defendant manufacturer and retailer for willful copyright infringement concerning two proprietary fabric designs. Defendant alleged that “publication” of those designs occurred when Plaintiff previously offered for sale samples of the two designs to Defendant. The issue was whether the registration of an unpublished collection of designs constituted valid copyright registration for the two allegedly previously published works within the collection.

Trademark infringement action regarding defendants’ use of plaintiff’s trademarked phrase in greeting cards. The case involved interpreting the “Rogers” test as to whether defendants’ use of the mark “explicitly misleads consumers as to the source or the content of the work.”

Infringement claims for use of trademarks on clothing, footwear, and a variety of consumer products.

Infringement claims for trademarks used in websites, catalogs, brochures and advertising materials.

Claim for trademark infringement as a result of alleged breach of licensing agreement for use of mark in connection with defendant’s clothing and jewelry.

Claims for dilution of trademarks brought by publicly traded internet-based retailer against competitors using confusingly similar trademarks and domain names.

Trade dress infringement matters involving a variety of product configurations, such as cosmetic and perfume bottles, water art sculptures, motorized tie racks, footwear, product packaging, and other consumer products.

Utility patent infringement case by owner of heat-treating system used to kill pests against group of water damage repair and restoration companies using heat in their drying process.

Utility patent claims for bicycle pumps, photo booths, instrument flight cases, and a variety of consumer products.

Design patent claims for motorized tie racks, perfume bottles, cosmetics, automotive industry forms, artwork, and a variety of consumer products.

Domain name infringement and cases brought under the Anticybersquatting Consumer Protection Act.

Initial interest confusion and claims of consumer confusion and damages caused by the redirecting of similar domain names by a competing business to its own website.

Issues of internet jurisdiction and venue. Company based in Los Angeles, California used domain name for its non-interactive website which displayed its goods. Plaintiff sued Defendant in Seattle, Washington, claiming jurisdiction existed for a federal court action in Seattle, Washington.

Trade secret disputes concerning theft and use of customer lists; use of ingredients used for competing health products; theft and use of product and pricing information for competing businesses; use of business methods and plans; and other matters.

Claim for misappropriation of trade secrets used for manufacturing works of art.

Trade secret dispute concerning computer program used to determine air quality data.

Insurance coverage issue regarding whether manufacturer of plastic bags was entitled to insurance coverage for defense of patent infringement claims.

Insurance coverage issue regarding whether “prior publication” exclusion extinguished carrier’s duty to defend underlying trademark infringement claims involving labels on health products.

Insurance coverage issue regarding whether claim for misappropriation of trade dress for sales of motorized tie racks fell within the scope of “advertising injury” as a covered claim under a comprehensive general liability policy.

Insurance coverage issue regarding whether publication of allegedly infringing DVD “testimonial” constituted a published “advertisement” within the scope of “advertising injury” under a comprehensive general liability policy.

Insurance coverage issue regarding whether a nightclub’s unauthorized publication of several models’ photographs in advertisements was within the policy period for a carrier’s duty to defend underlying claims for misappropriation of name, photograph and likeness under Civil Code section 3344.

Insurance coverage issue regarding whether Plaintiff’s amendment of its complaint to seek injunctive relief only, and omit a previous claim for monetary damages relieved the insurance company of the duty to indemnify and defend the insured against a trademark infringement action.