Appliance Recycling Services of America, Inc., et al. v. JACO Environmental, Inc., et al.
Jan 08, 2009
OUTCOME: Favorable Summary Judgment
Plaintiff Appliance Recycling Services of America, Inc. filed a complaint against JACO Environmental, Inc. in the U.S. District Court in Santa Ana, California in November of 2004, alleging that JACO un...lawfully patented and unlawfully claimed development of JACO’s refrigerator and freezer recycling process, and that ARCA had been competitively harmed by JACO’s statements and patent.
After several years of ongoing litigation, the court granted summary judgment in favor of JACO, on January 8, 2009.
Copyright infringement
George Clinton v. Capitol Records, Inc., et al
Dec 17, 2007
OUTCOME: Favorable Summary Judgment and Settlement
Hendricks & Lewis represented George Clinton, the legendary “godfather of funk" and celebrated songwriter, performer, producer, recording artist and visual artist, in a variety of legal matters, includ...ing this action against Capitol Records for infringement of Mr. Clinton's copyrights in Hardcore Jollies," "One Nation Under A Groove," "Uncle Jam Wants You" and "The Electric Spanking of War Babies," also known collectively as the Funkadelic Masters.
On behalf of Mr. Clinton, Hendricks & Lewis overcame substantial statute of limitations and collateral estoppel issues and successfully moved for summary judgment of liability in Mr. Clinton's favor.
Following entry of summary judgment, Hendricks & Lewis negotiated a favorable settlement on Mr. Clinton's behalf.
In addition to litigation matters, Hendricks & Lewis assisted Mr. Clinton in a broad array of copyright, trademark and contractual issues.
Entertainment
DC3 Entertainment, LLC v. John Galt Entertainment, Inc.
Jan 04, 2007
OUTCOME: Favorable jury verdict
DC3 Entertainment, LLC (“DC3”), a Washington entertainment company, was established with a goal of radically changing the way business is conducted in the music industry. In 2003, a California company,... John Galt Entertainment, Inc. (“JGE”), assigned to DC3 JGE’s rights in a production agreement with Brian Judah, a promising young songwriter and recording artist. DC3 then entered into a recording and production agreement with Mr. Judah and began recording, using the producer services of a JGE producer. Subsequently, the JGE principals became co-presidents of DC3 and agreed to convey their songwriting copyrights and publishing interests in the Judah recordings to DC3. In 2004, the relationship between DC3 and the JGE principals ended and the JGE principals threatened, in part, to block DC3’s completion of the Judah album.
In November 2004, on behalf of DC3, Hendricks & Lewis filed a complaint in federal court in Seattle against JGE and its principals for a declaratory judgment, breach of contract, breach of the covenant of good faith and fair dealing, breach of fiduciary duty and injunctive relief. The defendants, in turn, asserted counterclaims and third-party claims for, among other things, breach of contract, an accounting and establishment of constructive trust for alleged royalties due on the Judah album, as well as discrimination and harassment on the basis of religion and sex, retaliation and wrongful termination.
Soon thereafter, Hendricks & Lewis obtained a preliminary injunction for DC3 that prohibited the defendants from transferring their copyright and publishing interests to third parties, as well as a declaratory judgment allowing DC3 to re-record the Brian Judah album without the producer services of JGE. Following an extensive motion practice that included two favorable partial summary judgment decisions and a two-week jury trial, DC3 received a favorable verdict.
Trademark infringement
Institute of Certified Management Accountants, Inc., et al. v. International
Feb 13, 2004
OUTCOME: Obtained a judgment granting relief for ICMA .
The Institute of Certified Management Accountants, Inc. (“ICMA”), a New Jersey corporation, is a non-profit organization dedicated to promoting the interests of management accountants and financial man...agement professionals, as well as to providing educational, testing, certification and professional development programs for management accountants and financial management professionals. In February 2004, ICMA sued the International Institute of Certified Management Accountants (“IICMA”), a Washington entity, in federal court in Seattle, Washington. ICMA alleged that IICMA was willfully using service marks similar to those of ICMA to brand and promote a competing credentials, certification, education and testing program for management accountants. ICMA’s complaint alleged claims for trademark infringement, false designation of origin, unfair competition, trademark dilution arising under the Trademark Act, unfair competition and an accounting arising under the laws of the State of Washington.
After multiple motions and orders relating to various jurisdictional and venue issues, including an “Order Directing Parties to Show Cause Why This Court has Extraterritorial Jurisdiction Under the Lanham Act,” in 2005 Hendricks & Lewis successfully obtained a judgment granting all of the relief ICMA had requested.
Trademark infringement
Glow Industries, Inc. v. Lopez, et al.
N/A
OUTCOME: Favorable mediated settlement
Glow Industries, Inc., a California corporation, was established in 1999 to design, produce, market and sell a brand-intensive line of “Glow” fragrance, bath and body-care products created by co-founde...r Terri Williamson. The product line was initially marketed to drop-in customers at a small boutique in Santa Monica, California, return customers and viral marketing. Subsequently, sales were expanded through telephone and Internet orders. By 2002, Glow products were available in several dozen retail establishments throughout the United States and Glow Industries was thriving and expanding. At that point, a tsunami struck in the form of the national launch of a competing fragrance product “Glow by JLo” that was backed by Jennifer Lopez's star power and the financially deep pockets of Coty, Inc. and Sweetface Fashion Company, LLC.
In August 2002, Glow Industries—which had applied for but not yet received a federally-registered trademark for GLOW—filed a complaint in federal court in Los Angeles for federal and state trademark infringement and unfair competition, including reverse confusion and dilution claims. Following the district court's denial of a preliminary injunction sought by Glow Industries, Hendricks & Lewis was brought into the case as lead counsel, ultimately helping Ms. Williamson obtain a highly-favorable mediated settlement in 2003.
Since that time, we have continued to assist Ms. Williamson with various other issues, including other litigation and the selection, acquisition, defense and/or transfer of other trademarks and domain names.
Whose Brand Is It, Anyway?, Inc., May 2003
The Sweet Smell of a Settlement, Inc., December 2003
Contracts and agreements
Delilah Rene v. Godwin Gruber LLP, et al.
N/A
OUTCOME: Favorable settlement
Following our representation of Delilah Rene, host of the popular internationally-syndicated radio program Delilah®, in a contentious litigation that resulted in a favorable settlement, we have continu...ed to represent Ms. Rene and her business ventures in a variety of matters. Since 2005, Hendricks & Lewis has provided general business advice to Ms. Rene, her companies, and non-profit organization, including drafting incorporating documents, office and employee manuals, work for hire, confidentiality and licensing agreements, film, publicity and privacy rights releases. We have also represented Ms. Rene and her production company in contract negotiations that have resulted in exciting new business and media opportunities. In addition, we have drafted and prosecuted federal trademark applications for Ms. Rene and her companies and provided advice on protecting and managing intellectual property, including her literary works and visual art.
Trademark infringement
Glow Industries, Inc. v. Lopez, et al.
N/A
OUTCOME: Favorable mediated settlement
Glow Industries, Inc., a California corporation, was established in 1999 to design, produce, market and sell a brand-intensive line of “Glow” fragrance, bath and body-care products created by co-founde...r Terri Williamson. The product line was initially marketed to drop-in customers at a small boutique in Santa Monica, California, return customers and viral marketing. Subsequently, sales were expanded through telephone and Internet orders. By 2002, Glow products were available in several dozen retail establishments throughout the United States and Glow Industries was thriving and expanding. At that point, a tsunami struck in the form of the national launch of a competing fragrance product “Glow by JLo” that was backed by Jennifer Lopez's star power and the financially deep pockets of Coty, Inc. and Sweetface Fashion Company, LLC.
In August 2002, Glow Industries—which had applied for but not yet received a federally-registered trademark for GLOW—filed a complaint in federal court in Los Angeles for federal and state trademark infringement and unfair competition, including reverse confusion and dilution claims. Following the district court's denial of a preliminary injunction sought by Glow Industries, Hendricks & Lewis was brought into the case as lead counsel, ultimately helping Ms. Williamson obtain a highly-favorable mediated settlement in 2003.
Since that time, we have continued to assist Ms. Williamson with various other issues, including other litigation and the selection, acquisition, defense and/or transfer of other trademarks and domain names.
Whose Brand Is It, Anyway?, Inc., May 2003
The Sweet Smell of a Settlement, Inc., December 2003
