Representative Intellectual Property Cases
- We represented a haunted house operator sued by a plaintiff claiming that the client had improperly used his pre-recorded materials as part of a large haunted house production in a Las Vegas hotel. We initially obtained a dismissal of the case from the California court based on lack of personal jurisdiction. Thereafter, we negotiated a settlement of the plaintiff's purported claims for a nominal amount, thereby avoiding further threatened litigation in Nevada.
- We represented a provider of lighting equipment and services in a suit against a former customer of the client who had begun using the name of the client's products as his own. After brief litigation in which we demonstrated that the defendant had no right to use the name of the client's product as his own company name, the matter was resolved and an injunction and consent decree was negotiated.
- We represented a manufacturer of glass water pipes and other smoking materials in a dispute with a rival manufacturer who claimed the right to the client's trade name. During the litigation, we demonstrated that there were serious questions about the validity and enforceability of the plaintiff's trademark as well as significant difficulty for the plaintiff in proving any serious damage. Thereafter, the matter was amicably resolved through negotiation and mediation, whereby the client obtained full and complete rights to the trade name with only a modest payment to the plaintiff to relinquish its claims.
- In a dispute between two retailers operating under the same trade name in different states, we represented the defendant accused of willfully violating the plaintiff's trademark as well as trademark dilution. The plaintiff sought damages, an injunction, and attorney's fees. We first established that there was no basis for the trade dilution claim or the allegations of extraordinary circumstances. Thereafter, we negotiated a settlement by which the client paid nothing in damages or attorney's fees.
Primary Contact: Jason M. Booth