Experience

Summary Judgment for Health Care Client in Federal Trademark Infringement Suit

Secured summary judgment on behalf of the defendant, one of the largest non-profit hospital systems in the country, in a trademark infringement suit in federal court.  The successful defense ensured the continued use of a naming convention impacting more than 25 health care delivery locations across the Midwest.

Successfully Opposed Competitor’s Trademarks

Successfully petitioned the Trademark Trial and Appeal Board at the U.S. Patent and Trademark Office on behalf of a client to cancel a competitor's trademark and sustained its opposition to three other trademark filings filed by the same competitor. Our client alleged that the competitor’s four marks related to feminine hygiene products were merely descriptive, lacked acquired distinctiveness and were generic.

Trademark Enforcement for Multinational Consumer Products Company

Successfully opposed a trademark application for a Fortune 500 multinational consumer products company involving a competitor’s mark used to market toilet paper, which bore confusing similarities to the client’s mark. The Trademark Trial and Appeal Board found that the identical nature of the goods in question and the similarities between the two marks would likely result in confusion, and refused the competitor’s application.

Summary Judgment in Copyright Infringement Lawsuit

Obtained summary judgment in a copyright infringement lawsuit brought by a client’s former vendor in the Western District of Missouri. The plaintiffs claimed an online system developed by one of the client’s vendors infringed its copyrights and sought damages potentially in the hundreds of millions of dollars from the client and other users of the platform. After two and a half years of litigation, the district court granted the defendants' motion for summary judgment, holding that the defendants had not copied any protectable elements of the plaintiffs' platform and thus did not infringe the plaintiffs' copyrights.