Trademark and Trade Dress Litigation

Including Temporary Restraining Orders (TRO) and Preliminary Injunctions (PI)

Nintendo of America Inc. v. Storman

U.S. District Court for the Central District of California
Successful copyright and trademark infringement action against distributor of pirated video games. Contested summary judgment motion resulted in entry of $2,115,000 judgment and permanent injunction.

Full Fortune Intellectual Limited v. Murphy

U.S. District Court for the Western District of Oklahoma
Represented plaintiff Crocs/Hey Dude in cybersquatting case. Favorably settled.

TP ICAP Americas Holdings Inc v. ICAP Enterprises Inc et al.

U.S. District Court for the Western District of Washington
Defense of trademark infringement action involving the mark ICAP. Settled.

Northwest Confections v. Kaleafa

Circuit Court for the State of Oregon, County of Multnomah
Successful trade dress enforcement action involving packaging for Wyld, the market leader in cannabis edibles, resulting in entry of permanent injunction and settlement against competitor.

Northwest Confections v. Canopy and Martha Stewart Living

U.S. District Court for the District of Oregon
Successful trade dress and copyright enforcement action involving packaging for Wyld, the market leader in cannabis edibles, resulting in favorable settlement.

Northwestern University v. King County

U.S. District Court for the Western District of Washington
Prosecuted trademark infringement action involving the marks CHILDREN AND FAMILY JUSTICE CENTER and CFJC. Settled.

CMRE v. Doxo

U.S. District Court for the Western District of Washington
Won motion for judgment on the pleadings that trademark use constituted nominative fair use, resulting in dismissal of case and grant of declaratory judgment in Doxo’s favor.

Farmers Mutual v. Doxo

U.S. District Court for the District of Nebraska
Defense of trademark infringement action involving application of the nominative fair use doctrine. Plaintiff dismissed case.

Kremer v. Reddit

U.S. District Court for the Middle District of Tennessee
Won motion to dismiss complaint alleging trademark and copyright infringement claims. 

Rare Beauty v. RareBeauty Cosmetics

U.S. District Court for the Northern District of Illinois
Through declaratory judgment action and favorable settlement, confirmed client’s rights in RARE BEAUTY mark. 

London Computer Sys., Inc. v. Zillow (PI)

U.S. District Court for the Southern District of Ohio
After expedited discovery, defeated preliminary injunction motion in trademark infringement action involving RENTAL MANAGER trademark, resulting in settlement and dismissal.

Riceland Foods, Inc. v. Wismettac Asian Foods, Inc.

U.S. District Court for the Western District of Washington
Defense of trademark infringement action involving RICELAND trademark used with rice. Settled.

Organic Aromas LLC v. Two Scents LLC

U.S. District Court for the District of Idaho
Successful trademark infringement action involving ORGANIC AROMAS, NEBULIZING DIFFUSER, and RAINDROP trademarks used with oil diffusers. Settled.

Verity Solutions Group, Inc. v. Verity, Inc.

U.S. District Court for the Western District of Washington
Prosecuted successful trademark and unfair competition action involving VERITY mark. Settled after discovery closed.

Rawlings v. Easton (PI)

U.S. District Court for the Eastern District of Missouri
Defended trademark infringement claim involving the 5150 mark. Case dismissed after defeating preliminary injunction motion.

Car Freshner Corp. v. Crocs

U.S. District Court for the Northern District of New York
Defended trademark infringement claim involving Little Trees automotive air freshener shape. Settled.

RedWeek v. Bello

U.S. District Court for the Western District of Washington
Pursued successful trademark infringement action involving REDWEEK mark. Initially a Doe action, default judgment was entered.

AJB Enterprises v. BackJoy

U.S. District Court for the District of Connecticut
Defended a self-massager product design trade dress infringement claim. Settled after discovery.

Centerstone of America, Inc. v. Centerstone of Seattle

U.S. District Court for the Western District of Washington
Defended a trademark infringement claim. Settled.

Simple Technology v. Simple RTO (PI)

U.S. District Court for the District of Oregon
Led trademark infringement action involving SIMPLE mark, which settled favorably after preliminary injunction motion filed.

MICROBAN v. Skagit Northwest Holdings, Inc.

U.S. District Court for the Western District of Washington
Defended trademark infringement and breach of license agreement claims involving MICROBAN mark. Settled after cross-motions for summary judgment.

Hikari v. Spectrum Brands

U.S. District Court for the Northern District of California
Led a successful trademark infringement action involving ALGAE WAFER mark, resolving in settlements with all defendants.

Pyle Audio v. Fluke

U.S. District Court for the Eastern District of New York
Achieved favorable settlement in a successful product design trade dress infringement claim as counterclaim plaintiff.

RIPL Corp. v. Google Inc.

U.S. District Court for the Western District of Washington
Defended successfully and obtained summary judgment in reverse confusion trademark infringement case, including summary judgment on abandonment counterclaim.

Capitol Auto v. Mid Valley Ford (PI)

Circuit Court of the State of Oregon for the County of Marion
Defended a trademark infringement claim, which settled following evidentiary preliminary injunction hearing.

Allied Old English v. Nishimoto, et al.

U.S. District Court for the Western District of Washington
U.S. District Court for the District of New Jersey
Defended trade dress infringement claims related to labels on various Asian food products. Settled on favorable terms.

Ariel Preferred Retail Group LLC, et al. v. CWCapital Asset Management and The Woodmont Company

U.S. District Court for the Eastern District of Missouri
Obtained complete dismissal, on motions to dismiss and for summary judgment, of nine-count complaint alleging trademark infringement and breach of contract.

Cascade Yarns Inc. v. Crafts Americana Group Inc. dba Knit Picks

U.S. District Court for the Western District of Washington
Defended trademark infringement action relating to keyword advertising. Settled.

Cenorin LLC v. iMed Technology Inc.

U.S. District Court for the Western District of Washington
Obtained stipulated permanent injunction in trademark infringement action related to wound dressing products.

Nintendo of America Inc. v. Nyko Technologies Inc.

U.S. District Court for the Western District of Washington
Represented Nintendo in an action alleging patent and trademark infringement based upon the defendant's design, marketing and sale of a handheld game controller.

Carpe Vinum Inc. v. Fremont Wine Outlet LLC (PI)

King County Superior Court (Washington)
Obtained preliminary and stipulated permanent injunction in trademark infringement action.

Chihuly Inc. v. Rubino, et al.

U.S. District Court for the Western District of Washington
Represented plaintiff Chihuly in copyright, trademark, trade dress, unfair competition and copyright ownership. Settled.

Classic Tents & Events LLC v. Classic Party Rentals Inc. (TRO)

U.S. District Court for the Northern District of Georgia
Represented defendant in trademark infringement action. Defeated motion for TRO, and plaintiff voluntarily dismissed.

CommScope Inc. of North Carolina, et al. v. Electro Products Inc., et al. (PI)

U.S. District Court for the Western District of Washington
Led trademark enforcement action against importer/distributor of counterfeit wiring components, winning preliminary and permanent injunction.

Mele dba Blizzard Records and Blizzard Records Inc. v. Davidson & Associates Inc.

U.S. District Court for the Western District of New York
Led successful defense through trial of trademark infringement claim involving reverse confusion claim. Citation: WL2285111

Nintendo of America Inc. v. What's On Inc. et al. (TRO, PI)

U.S. District Court for the Western District of Washington
Represented Nintendo in litigation alleging infringement of intellectual property rights in video game products. Successfully obtained TRO, preliminary and permanent injunctions.

LaCrosse Footwear Inc. v. McCullar Enterprises Inc.

U.S. District Court for the Middle District of Tennessee
Pursued trademark enforcement action against distributors of unauthorized footwear resulting in stipulated permanent injunction and return of products.

Obama for America v. Demstore.com, et al. (PI)

U.S. District Court for the District of Columbia
Prevailed in contested preliminary injunction hearing and then secured stipulated permanent injunction in trademark infringement action relating to Obama For America's Rising Sun Trademarks.

Trademark Trial and Appeal Board Litigation

Represent numerous clients at TTAB, including Nintendo, 2Morrow and Healthkit.

Additional Intellectual Property Litigation

Bungie v. Aimjunkies

JAMS Arbitration
After a four-day arbitration, the team won $4.4 million in damages and fees and permanent injunction in a case involving defendants’ distribution of cheat code software for Bungie’s popular online game Destiny 2.

Moi v. Chihuly

U.S. District Court for the Western District of Washington
Complete summary judgment victory, holding that Chihuly was sole author and copyright owner of certain paintings and awarding attorneys’ fees of $1.6 million. Affirmed on appeal.

Smoky War Dog v. Hachette Book Group

U.S. District Court for the Northern District of Ohio
Represented plaintiff author in copyright dispute. Settled.

Allied Bioscience, Inc. v. Grossman

U.S. District Court for the Western District of Washington
Successful defense of trade secret misappropriation and breach of fiduciary duty action. Settled.

Video Game Development Dispute

U.S. District Court for the Central District of California
Represented large video game studio in development dispute with sub-licensee. Favorably settled.

Foreman v. Jeppesen

U.S. District Court for the District of Colorado
Defended a copyright infringement claim and settled the case.

Northland Communications Corporation, et al. v. MTV Networks

U.S. District Court for the Western District of Washington
Represented cable operator prosecuting contract claims and defending copyright infringement and Cable Act counterclaims.

JustMed v. Byce

Trial of copyright issue relating to software involving work for hire doctrine.

Fox News Network, LLC v. Robin Carnahan for Senate Inc.

U.S. District Court for the Western District of Missouri
Defended and settled copyright infringement and right of publicity claims asserted by Fox News involving candidate's campaign advertising in election for U.S. Senate.

Typesetter v. Kennedy

King County Superior Court (Washington)
Represented company in noncompetition agreement/trade secret dispute involving departing executive. Settled.

World Cable v. Lalon TV, et al.

U.S. District Court for the Southern District of New York
Represented plaintiff IPTV service provider in successful resolution of noncompetition agreement/trade secret dispute involving departed employee.

Other Litigation

Sound Infiniti Inc. d/b/a Infiniti of Kirkland ex rel. Pisheyar v. Snyder, et al. (PI)

King County Superior Court (Washington)
Washington State Court of Appeals
Washington State Supreme Court
Defended company and shareholders in derivative litigation arising from reverse stock split transaction and related shareholder appraisal rights litigation. Sound Infiniti Inc. ex rel. Pisheyar v. Snyder, 169 Wn.2d 199, 237 P.3d 241 (2010)

Washington Mutual Inc. Securities Derivative and ERISA (Employee Retirement Income Security Act)

U.S. District Court for the Western District of Washington
Defend all outside directors of Washington Mutual Inc. in 2004 derivative litigation.

Political Law

Washington v. Purcell

Superior Court of Washington, Thurston County
Defend public disclosure/campaign finance complaint.

In re Conlin Recall Petition

King County Superior Court (Washington)
Assisted in defense of attempt to recall City Council President. Defeated recall petition at sufficiency hearing. (2011)

Public Disclosure Commission (PDC) v. Moxie Media

Superior Court of Washington, Thurston County
Defended public disclosure complaint and related litigation. Settled. (2011)

In re Contest of General Election Held on Nov. 4, 2008

Supreme Court of Minnesota
Obtained a unanimous decision affirming that Al Franken had received the highest number of votes legally cast in the 2008 general election for United States Senator and therefore was entitled to receive the certificate of election. Perkins Coie also represented Franken during the election, a six-week recount involving nearly three million ballots—the largest in American history, a seven-week trial, and multiple appearances before the Minnesota Supreme Court. 767 N.W.2d 453 (Minn. 2009).

In re Parnell Recall Petition

King County Superior Court (Washington)
Represented public hospital district in attempt to recall elected commissioner. Defeated recall petition at sufficiency hearing. (2011)

Legislative District 25 2010 Recount

Represented candidate in recount.

Borders, et al. v. King County, et al. and Washington State Democratic Central Committee

Superior Court of Washington, Chelan County
Challenge by the Republican Party to the election of Washington State Governor Christine Gregoire, the closest gubernatorial election in United States history. After two-week trial, the court upheld the election results. No. 05-2-00027-3

Election Contest of Coday

State Supreme Court of Washington
Obtained dismissal of four individual electors' contests of election of Governor of Washington on grounds of res judicata. 156 Wn. 2d 485, 130 P.3d 809 (Wash. 2006)

Legislative District 6 2008 Recount

Represented Rep. Driscoll in recount and related litigation.

Cantwell 2000 Recount

Counsel to U.S. Senator Maria Cantwell's United States Senate recount.

Washington State Republican Party v. King County Division of Records, Elections and Licensing Services, et al.

State Supreme Court of Washington
Obtained ruling that county vote canvassing board was entitled to recanvass ballots that determined outcome of state gubernatorial election. 103 P.3d 725 (Wash. 2004)

Abramoff v. DCCC

Secured complete defense victory in arbitration relating to registration of the jackabramoff.com domain name.