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Vienna, VA
Intellectual property Lawyer at Vienna, VA
Practice Areas: Intellectual Property, Litigation
OUTCOME: Mixed. See Description
Cybersquatting, trademark infringement and trademark dilution. Client prevailed on cybersquatting and trademark infringment arising out of client's use of www.nissan.com
OUTCOME: Settled Favorably
Alleged Computer Hacking, Trade Secret Misappropriation; Interference with Contracts and Unfair Competition after Defendant FTD hired a former employee of Plaintiff who gave assistance to Plaintiff's c ... ustomers who wanted to switch to Defendant's computer network. FTD and Teleflora operate competing networks for ordering flowers by wire, a service which allows a customer to order and pay for flowers at one shop and have them delivered by another shop that belongs to the same network. Teleflora filed suit alleging copyright infringement, violation of the federal Computer Fraud and Abuse Act, and misappropriation of trade secrets, tortious interference with contract, and unfair competition, all under California law. Teleflora sought a preliminary injunction based on the copyright and trade secrets claims. The U. S. District Court for the Northern District of California said Teleflora is not entitled to an injunction based on trade secret misappropriation. Further the preliminary injunction with respect to FTD's use of the WSI program was denied, as the court found little threat of irreparable harm to Teleflora.
OUTCOME: Settlement - $30 Million to Client
Trademark and Trade Dress Infringement - Knockoff imitation shoes. Case settlement in summer, 2008. Plaintiff K-Swiss Inc. (“K-Swissâ€) alleged infringement of its registered trademarks and unregi ... stered trade dress (incorporating two trademarks which are the subject of several registered trademarks), as well as related claims, including breach of a settlement agreement it entered into with defendant Payless in 1992 Settlement Agreement. The claims arise out of Payless’ post-1992 sale of imitations of K-Swiss’ famous “Classic†model athletic shoe and other similar models of the Classic family of shoes. Payless also agreed as part of the settlement to refrain from making, advertising, promoting or selling footwear confusingly similar to that sold by K-Swiss, including footwear that bears K-Swiss' trademark or trade dress. K-Swiss, a shoe retailer based in Westlake Village, Calif., has used a five-stripe logo on its athletic footwear and made this style of shoe since 1966. This settlement followed a May 5 jury verdict in favor of adidas of $304 million against Payless for similar allegations of trademark infringement of Adidas' three-stripe logo, which verdict was reduced substantially by the Trial judge. Both Payless and adidas are appealing the outcome of this case. The K-Swiss settlement is final.
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