Intellectual Property

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Recent Cases & Outcomes

01 Americana Juice Imports v. Nestle USA Served as lead counsel for the world’s largest food manufacturing company which was sued in state court in Texas for trade secret misappropriation, interference with contract, and related claims. Plaintiff requested more than $330 million in damages. After more than two weeks of trial, the jury awarded approximately $1 million, 10% of Defendant Nestle’s pre-trial settlement offer. Americana Juice Imports, Inc. v. Nestle USA (Hidalgo County, Texas, C-2012-99-B1)

03 GMPC v. Walker Defended design company sued for misappropriating trade secrets and confidential information. Plaintiff requested more than $2 million in damages. After a two-week jury trial, the jury awarded just $47 thousand in damages. GMPC v. Walker (L.A.S.C. SC070564)

02 FenF, LLC v. Groupon, Inc.Represented FenF, LLC in Trademark and Copyright claims against Groupon for selling counterfeit products on the Groupon website. After defeating several motions by Groupon, including a Motion for Summary Judgment and Motion to Strike, Plaintiff obtained a settlement that was six times the amount previously offered. FenF, LLC v. Groupon, Inc., 2021 WL 8650619 (E.D. Mich.)

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More Previous Cases & Outcomes

01 Baron Philippe de Rothschild SA v. Rothschild ProductionsDefended interior design company against trademark claims brought by the Rothschild family and obtained a complete dismissal with prejudice of all claims with no money paid by the client and without sacrificing any intellectual property rights. Baron Philippe de Rothschild SA v. Rothschild Productions (C.D.Cal. CV-3884-MMM-JCX.)

03 Autobytel Inc. v. Newgen Results CorporationDefeated a temporary restraining order and preliminary injunction in action for trade secret misappropriation and unfair competition involving software and other trade secrets used to provide customer care in the automotive business. Secured a dismissal with prejudice of the entire action with no payment by Defendant. Autobytel Inc. v. Newgen Results Corporation (O.C.S.C. 07CC02178)

05 3M v. Avery Dennison Defended a former employee of 3M in a trade secret misappropriation and unfair competition case involving two Fortune 100 companies. Even though that Plaintiff obtained an ex parte writ of seizure against the employee at the time of retention (which required our client to admit that he committed perjury in answering over one hundred questions under oath), we obtained a complete dismissal with prejudice and full release of the employee without payment by employee. 3M v. Avery Dennison (Schaub) (O.C.S.C. Case No. 765983)

07 Fruit of the Loom v. Fun Guyz Inc. Pursued counterfeiting claims on behalf of one of the oldest apparel companies in the country and won an emergency seizure order of counterfeit goods. Following a jury trial, obtained a judgment that was ten times the value of the counterfeit products sold by Defendant, plus attorney’s fees. Fruit of the Loom v. Fun Guyz Inc. (C.D. Cal. CV-01031-LGB-CT)

09Teletech Customer Care Management, Inc. v. Tele-Tech. Co. Represented Plaintiff in one of the first reported trademark decisions related to using domain names and obtained an injunction requiring Defendant to modify its domain name. Teletech Customer Care Management, Inc. v. Tele-Tech. Co., 977 F. Supp. 1407, 42 U.S.P.Q. 2d. 1913 (C.D. Cal. 1997)

02 Secured settlement above $9 million the day before trial in action for trademark infringement and related claims against the country’s largest publicly traded health care company. (Confidential Settlement)

04 Academy of Motion Pictures v. Albertson’s Inc.Represented Academy of Motion Pictures in copyright and trademark infringement action related to pop-up displays at grocery stores. Secured a mid-six-figure settlement where the infringement occurred for three days, there were no actual damage, de minimis profits earned by the Defendants, and all of the infringing products had been removed by the time of suit. Academy of Motion Pictures v. Albertson’s Inc., et al. (C.D.Cal. Case No. CV -01386-ABC-CW)

06 Nestle USA Inc v. Virtual Integration Represented one of the largest food companies in the world in a copyright infringement action related to the design and purchase of a proprietary computer software system. Recovered all monies invested by the client in the software, plus attorney’s fees and costs. Nestle USA Inc v. Virtual Integration (C.D. Cal. CV-01144-DDP-E)

08 Nestle Food Company v. Stoner & Company Inc. Pursued trademark infringement claims on behalf of one of the world’s largest food companies in a case involving the U.S. and international distribution of a food product and won an emergency seizure order of counterfeit goods and a $5 million judgment. Nestle Food Company v. Stoner & Company Inc. (C.D. Cal. CV-05179-HLH-MC)

10 Nestle USA Inc. v. Heart to Heart Publishing Co. Obtained a preliminary injunction prohibiting Defendant from including Plaintiff’s trademarks in Defendant’s book, finding Plaintiff had shown a likelihood of confusion regarding the book’s source, sponsorship, or approval. Nestle USA Inc. v. Heart to Heart Publishing Co., 1997 U.S. Dist. LEXIS 21334 (C.D. Cal. 1997)

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