Attorney Mark E. Wiemelt's Legal Cases

Trademark infringement

GAITHER TOOL COMPANY v. SUMMIT TOOL COMPANY d/b/a KEN-TOOL (01 CV 4096 - U.S. District Court, Northern District of Illinois)

Sep 05, 2012

OUTCOME: Obtained settlement and permanent injunctive relief in 2001. Motion for Contempt granted and client awarded attorneys' fees and costs, plus an accounting of defendant's profits generated from violation of the Consent Judgment in 2012.

Represented Plaintiff in an action for unfair competition under § 43(a) of the Lanham Act, trademark infringement and unfair competition under Illinois law, dilution under the Illinois Anti-Dilution La ... w and the common law of Illinois, consumer fraud under the Illinois Consumer Fraud and Deceptive Trade Practices Act, deceptive trade practices under the Illinois Deceptive Trade Practices Act, seeking an accounting, damages, costs and attorneys' fees and preliminary injunctive relief.

Intellectual property

ALLIANCE LABS, LLC v. STRATUS PHARMACEUTICALS, INC. and SONAR PRODUCTS, INC. (12 CV 927 - U.S. District Court, District of AZ)

Aug 24, 2012

OUTCOME: Obtained early dismissal based on Motion to Dismiss.

Representing Defendant Sonar Products, Inc. in an action alleging false advertising and unfair competition under Title 15 U.S.C. § 1125(a)(§ 43(a) of the Lanham Act); trademark infrinegment under Title ... 15 U.S.C. § 1114 (§ 32 of the Lanham Act); trademark infringement and unfair competition under the common law of the State of Arizona; copyright infringement; and unjust enrichment.

Trademark infringement

CHICAGO RESTAURANT & ENTERTAINMENT GUIDE, INC. and DAVID LISSNER v. CHICAGORESTAURANT.COM (10 CV-1649 - U.S. District Court, AZ)

Jan 11, 2011

OUTCOME: Obtained Judgment and Order to Transfer Domain Name.

Represented Plaintiffs in an in rem action under the Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d) (“ACPA”), against the domain name CHICAGORESTAURANT.COM, seeking the transfer of the ... Domain Name as provided for in the ACPA, 15 U.S.C. § 1125(d)(2)(D)(i), after client lost an arbitration proceeding under the Uniform Domain Name Dispute Resolution Policy ("UDRP") when represented by a different firm.

Intellectual property

ALBION LABORATORIES, INC., BRECKENRIDGE PHARMACEUTICALS, INC., et al v. PRUGEN, INC. (USDC, Dist. of Utah)

N/A

OUTCOME: Obtained confidential settlement and dismissal of lawsuit with prejudice.

Represented Defendant in an action alleging patent infringement and false advertising under Title 15 U.S.C. § 1125(a)(§ 43(a) of the Lanham Act). Also represented Defendant in counterclaims seeking, i ... nter alia, declaratory judgment of invalidity, non-infringement and unenforceability of the patent-in-suit and for damages for violations of the Clayton Act, 15 U.S.C. §§ 15 and 25, as amended, and the Sherman Act, 15 U.S.C. §§ 1 and 2, violations of the Lanham Act, unfair competition, trade disparagement and slander.

Intellectual property

PHUSION PROJECTS, LLC v. UNITED BRANDS COMPANY, INC. (USDC, N.D. IL)

N/A

OUTCOME: Obtained confidential settlement and dismissal of lawsuit with prejudice.

Represented Defendant in an action seeking declaratory relief relating to allegations of trademark infringement, and claims for unfair competetion (disparagement). Filed counterclaims for false design ... ation of origin, false advertising and unfair competition under the Trademark Act of 1946, as amended, 15 U.S.C. § 1051 et seq. (“Lanham Act”), trademark infringement, unfair competition, tortious interference with prospective economic advantage and disparagement under the common law, and cancellation of a U.S. trademark registration, pursuant to 15 U.S.C. § 1119.

Intellectual property

DESTON THERAPEUTICS, L.L.C. v. PRUGEN, INC. and TWO LABS MARKETING, L.L.C. (USDC, M.D. N.C.)

N/A

OUTCOME: Obtained confidential settlement and dismissal of lawsuit with prejudice.

Represented Defendant in an action alleging false advertising and unfair competition, as under Title 15 U.S.C. § 1125(a)(§ 43(a) of the Lanham Act); unfair competition under the common law of the State ... of North Carolina; and unfair and deceptive trade practices under the N.C. Gen. Stat. § 75-1.1. Filed counterclaims false advertising and unfair competition under Title 15 U.S.C. § 1125(a)(§ 43(a) of the Lanham Act); unfair and deceptive trade practices under the N.C.Gen.Stat. § 75-1.1, et seq.; common law unfair competition, disparagement, tortious interference, slander and libel under the laws of state of North Carolina, and false patent marking under 35 U.S.C. § 292.

Intellectual property

J.C. WHITNEY & CO. v. U.S. AUTO PARTS NETWORK, INC. (USDC, N.D. IL)

N/A

OUTCOME: Obtained confidential settlement.

Represented Plainitff in an action for service mark infringement, false advertising and unfair competition under Title 15 U.S.C. § 1114 (registered mark) & 1125(a)(§ 43(a) of the Lanham Act); servicem ... ark infringement and unfair competition under the common law of the State of Illinois; consumer fraud under the Illinois Consumer Fraud and Deceptive Trade Practices Act, 815 ILCS § 505/1, et seq.; and deceptive trade practices under the Illinois Deceptive Trade Practices Act, 815 ILCS § 510/1, et seq.

Trademark infringement

SHUTTER BOOTH, LLC v. SHUTTERBOX ENTERTAINMENT, LLC

N/A

OUTCOME: Obtained dismissal of lawsuit prior to filing appearance or answer.

Represented Defendant in an action alleging service mark infringement, trade dress infringement and unfair competition under Title 15 U.S.C. § 1114 (registered mark) & 1125(a)(§ 43(a) of the Lanham Ac ... t); service mark infringement, trade dress infringement and unfair competition under the common law of the State of Illinois; consumer fraud under the Illinois Consumer Fraud and Deceptive Trade Practices Act, 815 ILCS § 505/1, et seq.; and deceptive trade practices under the Illinois Deceptive Trade Practices Act, 815 ILCS § 510/1, et seq.

Trademark infringement

DEPARTMENT 28, INC. v. SAZERAC COMPANY, INC. (12 CV 1828 - U.S. District Court, Northern District of Illinois)

N/A

OUTCOME: Obtained confidential settlement.

Representing Plaintiff in an action seeking declaratory relief relating to allegations of trademark infringement.

Copyright infringement

WINDERMERE HOLDINGS, LLC v. YOUR ART CREATIONS, ET AL. (11 CV 2298 - U.S. District Court, Central District of Illinois)

N/A

OUTCOME: Obtained settlement.

Representing Defendants in an action alleging copyright infringement, federal trademark infringement under Title 15 U.S.C. 1125(a)(§ 43(a) of the Lanham Act); false designation of origin under Title 15 ... U.S.C. 1125(a)(§ 43(a) of the Lanham Act); federal trademark dilution under Title 15 U.S.C. § 1125(c); common law Illinois trademark infringement; dilution under the common law and 765 ILCS § 1036/65; unfair competition under the Consumer Fraud and Deceptive Business Practices Act 815 ILCS 505/1, et seq.; deceptive trade practices under the Illinois Deceptive Trade Practices Act, 815 ILCS § 510/1, et seq.; and unfair competition under the common law of the State of Illinois; seeking injunctive relief, destruction of materials, compensatory damages, accounting of profits, exemplary damages, attorneys' fees and costs.

Mark E. Wiemelt's Legal Cases (12)

GAITHER TOOL COMPANY v. SUMMIT TOOL COMPANY d/b/a KEN-TOOL (01 CV 4096 - U.S. District Court, Northern District of Illinois)

ALLIANCE LABS, LLC v. STRATUS PHARMACEUTICALS, INC. and SONAR PRODUCTS, INC. (12 CV 927 - U.S. District Court, District of AZ)

CHICAGO RESTAURANT & ENTERTAINMENT GUIDE, INC. and DAVID LISSNER v. CHICAGORESTAURANT.COM (10 CV-1649 - U.S. District Court, AZ)

ALBION LABORATORIES, INC., BRECKENRIDGE PHARMACEUTICALS, INC., et al v. PRUGEN, INC. (USDC, Dist. of Utah)

PHUSION PROJECTS, LLC v. UNITED BRANDS COMPANY, INC. (USDC, N.D. IL)

DESTON THERAPEUTICS, L.L.C. v. PRUGEN, INC. and TWO LABS MARKETING, L.L.C. (USDC, M.D. N.C.)

J.C. WHITNEY & CO. v. U.S. AUTO PARTS NETWORK, INC. (USDC, N.D. IL)

SHUTTER BOOTH, LLC v. SHUTTERBOX ENTERTAINMENT, LLC

DEPARTMENT 28, INC. v. SAZERAC COMPANY, INC. (12 CV 1828 - U.S. District Court, Northern District of Illinois)

WINDERMERE HOLDINGS, LLC v. YOUR ART CREATIONS, ET AL. (11 CV 2298 - U.S. District Court, Central District of Illinois)