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Dec 06 Firm Articles

Intellectual Property Litigation Examples

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Higgs Fletcher & Mack’s Intellectual Property Group in San Diego has extensive experience representing clients throughout the county on either side of patent, trademark and copyright disputes. The following is a small sample of Higgs Fletcher & Mack’s representative experience in intellectual property litigation:

Copyright Litigation

  • Asset Marketing Systems Insurance Services, LLC v. Gagnon, 542 F.3d 748, 754 (9th Cir. 2008). Represented Defendant in a copyright infringement case brought by computer programmer. Obtained summary judgment against the computer programmer with an award of attorneys fees, thus allowing defendant to continue on with business use of technology under an implied license. In a published opinion, the Ninth Circuit Court of Appeal affirmed the summary judgment.
  • Numbers Licensing, LLC, v. bVisual USA, Inc., et al., 643 F. Supp. 2d 1245 (E.D. Wash. 2009). Represented Defendant in a copyright infringement case brought by computer programmer. Successfully defeated plaintiff’s motion for preliminary injunction, thus allowing defendant to continue to pursue valuable business plan.
  • Represented Defendant in a copyright infringement case brought by computer programmer. Successfully defeated plaintiff’s motion for preliminary injunction, thus allowing defendant to continue to pursue valuable business plan.
  • Represented Co-Defendant in a copyright and trademark infringement case involving the display of the Oscar statuette design.
  • Represented Plaintiff in a copyright and trademark infringement case involving insurance products and seminar system.
  • Represented Defendant in a trademark and copyright infringement case involving textiles.

Trademark Litigation

  • Successfully obtained a preliminary injunction against defendant in a trademark/trade name case originating from a family name.
  • Represented Plaintiff in a case involving trademark, trade dress, and copyright infringement of various candle designs and packaging.
  • Represented Defendant in defending against infringement claims of trademark rights and rights of publicity in a famous name case. Successfully obtained a summary judgment against a major insurance company in a relating case involving a coverage dispute for attorney’s fees in defending against the underlying claim.
  • Provided special counsel for Plaintiff in a trademark and trade dress case involving pet behavioral modification devices.
  • Represented Plaintiff in a trademark infringement case involving the manufacture, sale and distribution of branded clothing.
  • Represented Defendant in a trademark infringement case involving the use of a restaurant name.
  • Represented Defendant in a trademark infringement case involving the sale of audio recording equipment, musical instruments and related products.
  • Represented Plaintiff in a trademark infringement case involving the seizure of infringing items of apparel.
  • Represented Defendant in a trademark infringement case involving tooth whitening products.

Patent Litigation

  • Represented Co-Defendants in a patent, trademark and copyright infringement case involving the manufacture, sale and distribution of decorative glass. After Markman hearing, obtained summary judgment against the patent plaintiff.
  • Represented Defendants in a patent infringement case involving use of a patented hair growth formulation.

Furthermore, trademark attorneys at Higgs Fletcher & Mack have represented clients before the Trademark Trial and Appeal Board in the following trademark cancellation and opposition proceedings:

  • Bank One Corporation v. Suzanne Lamb Sharp*
  • Citicorp v. Suzanne Lamb Sharp*
  • OCC Technologies, Inc. d/b/a/ Onecard.com v. Suzanne Lamb Sharp*
  • Joel Gomez v. Captaur, Inc.*
  • Nu Flow America, Inc.* v. Pipe Restoration Technologies, LLC
  • Home Brew Mart, Inc.* v. Casella Wines Pty Ltd.
  • Van Group, Inc.* v. The Kroger Co. of Michigan
  • Med Spa 360, LLC* v. International Cosmetics and Fragrances, Inc.
  • West Inn & Suites, LLC* v. Lionheart Enterprises, Ltd.
  • Advanced Reading Solutions, LLC* v. VRVV, Inc.
  • Xyratex, Ltd.* v. Unitel Corporation, Ltd.
  • Port Authority, Inc. dba Jocko, Inc.* v. KL Fenix
  • Saxifon USA, Inc.* v. IDD SA
  • Alexander H. Field v. Christopher J. Giaquinta*
  • Jim O’Neal Distributing, Inc. v. Stephen J. Moss*
  • Appro International, Inc.* v. Universal Standard Appliances, Inc.
  • Mimmo’s, Inc. dba Grab & Go* v. Stone Container Corporation
  • Michael Lee and Port Authority* v. Jeff E. Fults
  • Ceyx Technologies, Inc.* v. Price Waterhouse, LLP
  • American Boardsports Company, Inc. v. Jerrold Anthony Dollwet*
  • Wired Ventures, Inc. v. Matthew Skallerud*
  • Castin Enterprises, LLC* v. The Travelers Insurance Company
  • Studio Cinegraphic Los Angeles, Inc. v. Ketab Corporation*
  • NBC Fourth Realty Corp. v. Victor Maxx, Inc.*
  • Paul Little v. Zane Entertainment Group, Inc.*

*Denotes party represented

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