Attorney Mark D. Nielsen Ph.D.'s Legal Cases

Trademark infringement

Amini Innovation Corp. v. McFerran Home Furnishings, Inc. et al., C.D. Cal. Case No. 13-6496

Dec 12, 2014

OUTCOME: Defendants' motion for summary judgment denied.

In a trade dress infringement and copyright infringement case, the Defendants filed a motion for summary judgment on a number of issues, seeking to end the case in their favor before trial. Plaintiff ... (represented by Cislo & Thomas), successfully demonstrated that there were triable issues of fact on virtually every issue raised by Defendants, and defeated Defendants' motion.

Patent infringement

Amini Innovation Corp. v. McFerran Home Furnishings, Inc. et al. II, 2014 U.S. Dist. LEXIS 93477 (C.D. Cal. July 9, 2014)

Jul 09, 2014

OUTCOME: Motion to strike denied.

In a case involving copyrights and design patents related to Plaintiff Amini's furniture designs, the defendants filed a motion to strike allegations in the plaintiff's complaint detailing the past inf ... ringement and past litigation history of defendants, suggesting that such matters were not relevant to any aspect of the case. Plaintiff countered that the allegations in question were potentially relevant to whether or not the defendants' infringement was willful, and also to damages. The Court agreed with plaintiff and denied the defendants' motion.

Trademark infringement

Urban Home, Inc. v. Cordillera Investment Co., LLC, C.D. Cal. Case No. 13-8502

Jun 19, 2014

OUTCOME: Motion to Dismiss denied.

Plaintiff, Urban Home, a furniture retailer owns a federally registered trademark for the name URBAN HOME. Defendant was using the name URBAN HOME in connection with a furniture retail outlet in Flori ... da, and was alleged to also be using the same or similar name at a retail location in San Diego County, CA. Defendant filed a motion to dismiss claiming that it was a good faith remote junior user under the Tea Rose-Rectanus doctrine. The Court denied Defendant's motion finding that Urban Home had adequately pled the elements of its claim, and had pled sufficient factual matter to overcome, at least at the pleading stage, the Tea Rose-Rectanus defense.

Trademark infringement

Amini Innovation Corp. v. McFerran Home Furnishings, Inc. et al., C.D. Cal. Case No. 13-6496

May 19, 2014

OUTCOME: Motion to quash subpoena granted.

This case pertains to furniture and claims of product configuration trade dress. One of the plaintiff's collection in the case has famous actress Jane Seymour as a celebrity endorser. In the case, th ... e defendants served a subpoena on Ms. Seymour for her deposition, and we successfully quashed the subpoena because the defendants failed to show that the discovery it sought could not be obtained from the plaintiff, the discovery sought was duplicative of that sought from the plaintiff, and because complying with the subpoena would impose an undue burden on Ms. Seymour.

Trademark infringement

Amini Innovation Corp. v. McFerran Home Furnshings, Inc. et al., 2014 U.S. Dist. LEXIS 13342 (C.D. Cal. Jan. 31, 2014)

Jan 31, 2014

OUTCOME: Motion to Strike granted.

The plaintiff, Amini Innovation Corp. (AICO) brought claims of copyright infringement and trade dress infringement in connection with the designs of certain of its furniture items. The defendants, in ... their answer, asserted a number of improper defenses. AICO brought a motion to strike those affirmative defenses.

Trademark infringement

Surface Supplied, Inc. v. Kirby Morgan Dive Systems, Inc., 2013 U.S. Dist. LEXIS 143478 (N.D. Cal. Oct. 3, 2013)

Oct 03, 2013

OUTCOME: motion to dismiss and strike granted/pending

Representing Kirby Morgan: in a declaratory judgment/trademark case, court dismissed all 21 of Surface Supplied’s defenses to Kirby Morgan’s counterclaims, and dismissed Surface Supplied’s counterclaim ... s-in-reply for antitrust violations

Intellectual property

EDCO Plastics, Inc. v. Allynce, Inc. et al., 2013 U.S. Dist. LEXIS 117259 (C.D. Cal. July 11, 2013)

Jul 11, 2013

OUTCOME: Dismissal/fees recovered

Representing Dispensing Dynamics International (DDI): claim against DDI for fraud in connection with sales of patent and other assets dismissed for lack of subject matter jurisdiction; breach of contra ... ct claim against DDI previously dismissed for failure to state a claim. Court then awarded DDI its full attorneys' fees and costs, and said DDI's counsel's hourly rates were reasonable.

Patent infringement

Surefire, Inc. v. Casual Home Worldwide, Inc. et al., 2012 U.S. Dist. LEXIS 88372 (S.D. Cal. June 26, 2012)

Jun 26, 2012

OUTCOME: partial dismissal/pending

representing Defendants: in a patent infringement case involving a U.S. distributor and Chinese manufacturer as defendants, court quashed service on Chinese manufacturer for failure to serve authorized ... representative of Chinese manufacturer with summons and complaint

Copyright infringement

Amini Innovation Corp. v. KTY International Marketing, Inc. et al., 768 F.Supp.2d 1049 (C.D. Cal. 2011)

Mar 17, 2011

OUTCOME: default judgment/settlement

representing Amini Innovation: court entered default judgment on copyright and design patent infringement claims in favor of Amini Innovation in excess of $175,000

Patent infringement

Prototype Productions, Inc. v. Reset, Inc., 2011 U.S. Dist. LEXIS 150666 (E.D. Va. Oct. 14, 2011)

Jan 05, 2011

OUTCOME: dismissal/settlement

representing Reset: Magistrate Judge found personal jurisdiction lacking and recommended that the court transfer the case to the Central District of California where Reset is located; District Judge ov ... erruled Plaintiff’s objections to Magistrate Judge’s recommendations and ordered the transfer, 844 F. Supp. 2d 691 (E.D. Va. 2012)

Mark D. Nielsen Ph.D.'s Legal Cases (22)

Amini Innovation Corp. v. McFerran Home Furnishings, Inc. et al., C.D. Cal. Case No. 13-6496

Amini Innovation Corp. v. McFerran Home Furnishings, Inc. et al. II, 2014 U.S. Dist. LEXIS 93477 (C.D. Cal. July 9, 2014)

Urban Home, Inc. v. Cordillera Investment Co., LLC, C.D. Cal. Case No. 13-8502

Amini Innovation Corp. v. McFerran Home Furnishings, Inc. et al., C.D. Cal. Case No. 13-6496

Amini Innovation Corp. v. McFerran Home Furnshings, Inc. et al., 2014 U.S. Dist. LEXIS 13342 (C.D. Cal. Jan. 31, 2014)

Surface Supplied, Inc. v. Kirby Morgan Dive Systems, Inc., 2013 U.S. Dist. LEXIS 143478 (N.D. Cal. Oct. 3, 2013)

EDCO Plastics, Inc. v. Allynce, Inc. et al., 2013 U.S. Dist. LEXIS 117259 (C.D. Cal. July 11, 2013)

Surefire, Inc. v. Casual Home Worldwide, Inc. et al., 2012 U.S. Dist. LEXIS 88372 (S.D. Cal. June 26, 2012)

Amini Innovation Corp. v. KTY International Marketing, Inc. et al., 768 F.Supp.2d 1049 (C.D. Cal. 2011)

Prototype Productions, Inc. v. Reset, Inc., 2011 U.S. Dist. LEXIS 150666 (E.D. Va. Oct. 14, 2011)