INTELLECTUAL PROPERTY:
Representative Cases
Experience Hendrix v. The James Marshall Hendrix Foundation
Defense of the Foundation against Experience’s claims for violations of the Lanham Act and the Washington Personality Rights Act arising out of the Foundation’s promotion of the “The James Marshall Hendrix Awards Ceremony” utilizing Jimi Hendrix’s likeness, image, photograph, and signature.
On Monday, June 18, 2007, the Ninth Circuit Court of Appeals affirmed the Western District of Washington’s ruling that Jimi Hendrix’s right of publicity, including the right to license Jimi Hendrix’s name, image and likeness, did not survive the rock guitarist’s death in 1970. The ruling affects publicity rights previously controlled by Experience Hendrix and estimated to be worth over $100 million dollars.
Fluke v. Chauvin Arnoux, Inc.
Defense of the leading manufacturer of digital multimeters in France against color-combination-related trade dress claims brought by the largest manufacturer of digital multimeters in the United States. Fluke claimed that Chauvin Arnoux infringed trademark rights that it had developed in its contrasting yellow and dark color scheme. The case settled on the eve of trial. Chauvin Arnoux acquiesced in Fluke’s trademark rights in the United States in exchange for a perpetual, paid up license that allowed it to continue to use its traditional corporate colors on certain key products lines.
Legacy Investment Advisors v. Port of Tacoma
Defense of the Port of Tacoma against trade secrets claims arising out of its purchase, demolition, and remediation of a 97-acre Kaiser Aluminum plant on Blair Waterway. According to Legacy, the Port misappropriated Legacy’s proprietary plan to acquire the Kaiser site, demolish it, remediate it, and immediately resell the plant free and clear of historical environmental liabilities. Ultimately, the Port agreed not to seek to recover attorney’s fees and costs from Legacy in exchange for a dismissal with prejudice.
GSG Corporation v. Estate of Steiner
Representation of decedent Fred Steiner’s former business partner, Keith Quale, in a struggle with Fred Steiner’s estate for control of GSG Corporation. GSG owns Freddie’s Club casino, which was the first and the largest non-Native casino in Washington State. Initially, GSG won a preliminary injunction blocking an Estate-backed special shareholders meeting for the purpose of removing GSG’s board and stopping the Estate’s threatened 3,333 percent rent increase. Later, GSG won summary judgments thwarting the Estate’s infringing use of the “Freddie’s Club” trade name and style and awarding GSG $3 million on its counterclaim.
Financial Data Systems, Inc. v. Moss
Representation of a computer network consulting company in a suit against a former employee who secretly concluded an independent contract with a major client by presenting proprietary technical information as his own. Following a one-week trial in federal court, an Oregon jury returned a verdict for compensatory and punitive damages for violations of the Uniform Trade Secrets Act.
Economic Research Institute v. HR Answers, Inc.
Defended a human resources consulting firm against a competitor’s copyright infringement and trade secret claims alleging that it improperly used the competitor’s proprietary algorithms in connection with its web site.
KeyTrak, Inc. v. Key Trak Pacific Rim, Inc.
Successful Lanham Act and common law trademark and trade name claims against a distributor of object tracking and control system products.
Cybersafe Corporation v. Williams
Brought an action for violations of the Uniform Trade Secrets Act on behalf of a corporation that provides products and services designed to safeguard open computer networks. A former employee had threatened to divulge a client’s confidential information in an effort to extort unreasonable severance benefits. The superior court enjoined dissemination of the sensitive information.
Roffe v. Demetre
Successfully represented one of the world’s premier ski-wear manufacturers in a Lanham Act trademark infringement suit following Roffe’s acquisition of a competitor’s business, name, and trademarks.
Waxwing v. Waxwings
Successful Lanham Act and common law trademark and trade name claims on behalf of a Seattle-based rock and roll band against a Detroit-based rock and roll band.
SJI Corporation v. Fowler
Brought trade secrets claims on behalf of a stocking distributor of computer networking equipment. A former branch office manager had clandestinely downloaded the corporation’s entire database onto floppy disks and used proprietary customer and vendor information to begin a competing company.
Wright’s Foodliner, Inc. v. Wagner’s Price Chopper, Inc.
Defense of a retail grocer against a competitor’s Lanham Act and common law trademark and trade name claims.
Wendy’s International, Inc. v. Traci’s Famous Burgers
Brought state law trade dress and trade name claims on behalf of national operator of quick-service restaurants.
RLH Industries, Inc. v. Miller
Successfully represented a company that utilized a proprietary laminating process in a state law trade dress and trade secrets action. A former employee had formed a competing company that copied the client’s laminating process, price list, customer list, and product displays.
Schroeder v. PaineWebber
NASD arbitration of behalf of a successful securities broker who was induced to leave Smith Barney for PaineWebber with false promises of new institutional accounts and an exclusive territory. Schroeder overcame trade secrets allegations and obtained a favorable settlement well in advance of the hearing which included attorney’s fees.
Mark-It Foods v. Market Foods
Successful state law trade name claim on behalf of a retail grocery store operator.
Searching Unlimited Limited v. Searching.com LLC
Representing venture capitalist investors to recover misappropriated intellectual property including patents, trademarks, copyrights, trade secrets and domain names. This matter is currently before the Superior Court for Klickitat County. (2007)