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INTELLECTUAL PROPERTY LITIGATION

The protection of intellectual property rights is always "mission critical" for businesses. Conversely, defending unwarranted or overreaching claims for infringement or misappropriation – including actions by "patent trolls" – is equally vital. In either case, the litigators of Moss & Barnett have the needed experience and the backup of our intellectual property attorneys to vindicate client rights.

Moss & Barnett's Intellectual Property trial attorneys handle matters in these areas:

  • Copyrights
  • Patents
  • Trade dress
  • Trademarks
  • Trade secrets
  • Unfair competition

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Case Summaries

Intellectual Property

[07/02] Marshak v. Treadwell
In an action related to a trademark dispute involving the singing group "The Drifters," district court judgment is affirmed in part and reversed and remanded in part where: 1) the court did not err in issuing contempt findings against the plaintiffs as they reassembled plaintiff's business under different names in order to evade the injunction issued by the district court judge; 2) the court erred in holding co-plaintiff Revels in contempt, as defendant never actually moved for him to be held in contempt, and he thus never obtained notice and a separate hearing; and 3) the court properly awarded defendant attorney's fees, but abused its discretion in refusing to impose any remedy other than attorney's fees, as plaintiff continued to evade the injunction and infringe the trademark. The matter is remanded for an order of accounting of plaintiff's profits.

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Copyright

[06/26] Cadkin v. Loose
In an appeal from an order granting attorney's fees to Defendant following Plaintiffs' voluntary dismissal of their copyright lawsuit, the order is reversed where, because Plaintiffs remained free to refile their copyright claims, they were not "prevailing parties" and thus were not entitled to attorney's fees.

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Trademark

[07/02] Marshak v. Treadwell
In an action related to a trademark dispute involving the singing group "The Drifters," district court judgment is affirmed in part and reversed and remanded in part where: 1) the court did not err in issuing contempt findings against the plaintiffs as they reassembled plaintiff's business under different names in order to evade the injunction issued by the district court judge; 2) the court erred in holding co-plaintiff Revels in contempt, as defendant never actually moved for him to be held in contempt, and he thus never obtained notice and a separate hearing; and 3) the court properly awarded defendant attorney's fees, but abused its discretion in refusing to impose any remedy other than attorney's fees, as plaintiff continued to evade the injunction and infringe the trademark. The matter is remanded for an order of accounting of plaintiff's profits.

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Patent

[06/26] Garber v. Chicago Mercantile Exchange
In a patent infringement action, district court order denying plaintiff's motion for relief under Fed.R.Civ.P. 60(b) is reversed where the joint stipulation between the parties was filed pursuant to Rule 41(a)(1) and therefore divested the court of jurisdiction to enter any subsequent orders.

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Trade Secrets

[06/15] FLIR Sys., Inc. v. Parrish
In an appeal from an attorney's fee order issued as a sanction for bringing a trade secret action in bad faith, the order is affirmed where: 1) there was evidence that Plaintiffs had an anticompetitive motive; and 2) the action was brought on a theory of "inevitable disclosure" not recognized by California law.

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Trade Dress

[06/11] Philip Morris USA, Inc. v. King Mtn. Tobacco Co.
In a trademark infringement action based on allegedly infringing cigarette packaging being sold on the Internet, an Indian reservation and elsewhere, the District Court's order staying the action in favor of proceedings before a tribal court is reversed where the tribal court did not have colorable jurisdiction over a nonmember's claims for trademark infringement on the Internet and beyond the Indian reservation. (Amended opinion)

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