West Hollywood, CA
Trademark application Lawyer at West Hollywood, CA
Practice Areas: Trademark Application, Trademark Infringement ... +3 more
OUTCOME: Jury Verdict in favor of client, Talent Mobile for $710,261 -- largest trademark jury verdict in CA in 2018
Trademark dispute over the rights to use the mark REAL CALLER in connection with caller id applications. The main issue in dispute was deciding who the senior user in the United States was. The jur ... y awarded the client, Talent Mobile Development over $700,000 in damages.
OUTCOME: Won 9-0
Client received a cease and desist letter demanding that client stop using a trademark that client believed was generic, and if not generic then descriptive. After convincing District Court judge tha ... t the fair use defense warranted entering a summary judgment in client's favor, the 9th Circuit reversed ruling that the fair use defense is not available if there is resulting confusion. We then brought the case to Supreme Court and won, establishing that the fair use defense to trademark infringement is a viable defense even if there would be resulting confusion.
OUTCOME: Jury Verdict in favor of client, Albert Sendrey
German government sued former holocaust survivor for fraud and theft for cashing pension payments intended for his deceased father, also a holocaust survivor. Client and his family were interned in t ... he Buchanwald concentration camp, but were let out early in the War due to the fact that client was born in the US while his parents were visiting. Client and his family were severely mistreated as all others in the concentration camp, and client felt entitled to the funds. Due to the criminal natural of the activity, client exercised his rights under the 5th amendment not to testify at deposition. The Court then refused to let the client testify at trial. The Court also refused to let the defense move forward with its claim of unjust enrichment, and refused to let the defense even utter the words Nazi or Holocaust. Yet, using just client's infectious smile as a tool, we were able to silently persuade the jury to rule in client's favor and render a defense verdict in a case of jury nullification.
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