David A. Kunselman's Legal Cases (4)

Trademark application

Automated Solutions Corporation v. Paragon Data Systems, Inc., USPTO, Trademark Trial and Appeal Board

May 13, 2008

OUTCOME: Obtained a trial decision from the Trademark Trial and Appeal Board sustaining the trademark owner’s opposition to the applicant’s request for registration of a similar trademark and refusing registration to the applicant

Lead trial counsel for a trademark owner in a dispute before the Trademark Trial and Appeal Board concerning an applicant’s request for federal registration of a similar trademark

Lawsuits and disputes

Ewers v. Genuine Motor Cars, Inc., 2008 U.S. Dist. LEXIS 21466 (N.D. Ohio Mar. 18, 2008)

Mar 18, 2008

OUTCOME: Obtained court decision enforcing the parties’ agreement to arbitrate the dispute and dismissing the federal litigation

Served as co-counsel for defendant in a dispute over an internet sale of a motor vehicle, which plaintiff filed in federal court

Lawsuits and disputes

Automated Solutions Corp. v. Paragon Data Sys., Inc., 2006-Ohio-3492 (8th Dist. 2006)

Jul 06, 2006

OUTCOME: Obtained a bench trial verdict awarding ownership of the custom software to plaintiff, which decision was affirmed on appeal

Served as “second chair” trial counsel for plaintiff software company in a state court action for breach of contract and declaratory judgment against a hardware manufacturer concerning ownership rights ... to custom newspaper delivery tracking software.

Chapter 7 bankruptcy

Claybrook v. Nour Mgmt. Co. (In re: Discovery Zone, Inc.), 2003 Bankr. LEXIS 741 (Bankr. D. Del., 2003)

Jul 09, 2003

OUTCOME: Obtained dismissal of the claims against defendant

Served as co-counsel for defendant in a federal bankruptcy adversary proceeding.

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