Attorney Daniel Du-Ning Woo's Legal Cases

Trademark infringement

El Diablo, Inc., et. al., v. Mel Op & Griff, LLC, et. al.

Mar 20, 2009

OUTCOME: After 5 weeks trial, case settled.

The central causes of action between competiting restaurants involved Washington common law trade dress infringement and common law unfair competition. Plaintiffs' (clients') restaurant is the Peso's ... restaurant in the lower Queen Anne neighborhood of Seattle, Washington. The primary defendants own or operate four Matador restaurants in Washington. The settlement with the Washington Matador restaurants and their owners requires: (1) the Seattle Ballard neighborhood Matador restaurant to make substantial changes to its decor with respect to certain trade dress elements claimed by Peso's restaurant, (2) the Washington Matador restaurants to change menus and menu covers, and (3) the Washington Matador restaurants and certain of their owners and founders to pay a settlement amount to plaintiffs. In addition, the founders and Washington Matador restaurants are prohibited from leasing or opening additional Matador restaurants or restaurants of the same genre for three years within defined territorial limits in the cities of Seattle (most of Seattle) and within 4 miles of Lincoln Square in Bellevue, Washington. Case will be dismissed and changes are to be completed by middle of 2009.

Trademark infringement

Collision 1, Inc. v. No 1 Corporation, et. al.

Sep 10, 2007

OUTCOME: Judgment for Plaintiff for breach of contract

After a nonjury trial, the trial court issued (1) a permanent injunction in favor of client corporation (the Plaintiff) that required defendant corporation to stop all uses of contested name in Washing ... nton as required in a settlement agreement arising out of an earlier federal Lanham Act lawsuit, and (2) a judgment in favor of client for a partial award of attorney fees and costs.

Intellectual property

Stardust Technologies, Inc. v. Stardust Materials, LLC, et. al.

Jan 31, 2005

OUTCOME: Award in favor of defense on contested issues

American Arbitration Association Arbitration in favor of clients (a Limited Liability Company and its two founders) (1) against the plaintiff corporation's claim of ownership of inventions, (2) with re ... spect to clients' freedom to invent and to own their inventions, (3) against plaintiff's claim that prior intellectual property agreements should be broadened in their scope, and (4) against plaintiff's request for attorney fees and costs. Clients admitted activities that were prohibited by prior covenants with the plaintiff, but no damages were found and no attorney fees and costs were awarded to the plaintiff. The covenants were extended.

Intellectual property

Flex-Plan Services, Inc., et al, v. McSpadden, et al.

Dec 31, 2003

OUTCOME: $ 1.3 million jury verdict; assignment copyrights

Clients were two corporations and an individual owner that brought a lawsuit that included copyright and Lanham Act claims against defendants. The copyright ownership and infringement claims were resol ... ved with both defendants prior to trial in favor of clients. One defendant was dismissed after a settlement that included assignments of copyrights in favor of clients. The remaining defendant conceded the copyright claims prior to trial. Trial proceeded before a federal district court jury on breach of contract and fraud claims. Judgment in favor of clients were entered on the jury verdict of $ 1.3 million against the remaining defendant.

Intellectual property

Juiceman, Inc. et al, v C2L Corporation, et al

Oct 31, 2000

OUTCOME: Defense award, including award for attorney fees.

This case involved an American Arbitration Association proceeding where plaintiffs claimed $ 30 million in damages against clients (a corporation and its founders) and also against another party repres ... ented by other counsel. After two years of proceedings, various hearings and then a trial, the arbitrator ruled in favor of clients on all claims and awarded clients attorney fees and costs against plaintiffs. The award was eventually collected.

Copyright infringement

Physician Micro Systems Inc. v. Randak Systems, et al

Jun 01, 1998

OUTCOME: Award for Plaintiff (including source code)

Client corporation (Plaintiff) filed a federal lawsuit and also made a demand for arbitration against defendants (a software corporation and its founder). The federal lawsuit and arbitration demand wer ... e combined into an arbitration that was tried before a three-member panel of the American Arbitration Association. Client asked for an award finding that (1) defendants' wrongfully terminated a license, (2) defendants deliver to Plaintiff certain source code, and (3) royalties for bundled products should be calculated by a different formula than the one demanded by defendants. The arbitration award found that defendants had unlawfully terminated a software license to plaintiff, that respondents had to deliver source code to plaintiff, that plaintiff owed less royalties than demanded by defendants, that a more favorable allocation to plaintiff for bundled software in the determination of royalties was proper, and that no attorney fees or costs would be awarded to defendants for royalties that were withheld by client. The arbitration took place over two years, with some issues determined at separate hearings and a final trial on all remaining issues.

Daniel Du-Ning Woo's Legal Cases (6)

El Diablo, Inc., et. al., v. Mel Op & Griff, LLC, et. al.

Collision 1, Inc. v. No 1 Corporation, et. al.

Stardust Technologies, Inc. v. Stardust Materials, LLC, et. al.

Flex-Plan Services, Inc., et al, v. McSpadden, et al.

Juiceman, Inc. et al, v C2L Corporation, et al

Physician Micro Systems Inc. v. Randak Systems, et al