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Unfair Competition - Representative Experience

  • Issues
  • Venue
  • Client Type
  • Lawyers
  • Full Description
  • Result
  • Trade Secret; Trade Dress; Unfair Competition
  • USDC: Northern District of California
  • Defendant Product Manufacturer
  • J. Mark Thacker
  • Defended a product manufacturer in a suit for trademark infringement, misappropriation of trade secret and unfair competition arising out of manufacture and sale of ceiling systems.


     

  • The matter was settled for a minimal amount, to the complete satisfaction of the client.

  • LSAT; Copyright
  • Los Angeles County Superior Court
  • Defendant Test Preparation Company
  • John A. Koeppel
  • Defended our client in a case involving a copyright and defamation action between two test preparation companies which provided instructional services for the Law School Admissions Test (“LSAT”). The plaintiff accused the defendants, former employees who started a competing company, of copying its course materials and defaming the defendant on internet discussion boards using pseudonyms to disguise their identities. Summary judgment was granted in favor of defendants on the plaintiff’s unfair competition claim that the defendants helped students cheat on the LSAT. The plaintiff expended more than $8 million in fees and costs to litigate the case.


     

  • The plaintiff demanded $5 Million and a permanent injunction that would force the defendants out of business. The plaintiff rejected a large settlement offer and after a 25 day trial, the jury denied the plaintiff’s request for $18.5 Million and instead awarded $256,000. The plaintiff’s claims for trade libel and intentional interference with prospective economic advantage were dismissed on non-suit and directed verdict. The court denied the plaintiff’s request for a permanent injunction and stated that the course materials separately developed by defendants added significant originality to the to the test prep industry. Two articles about the trial were published in IP Law 360. A number of pre-trial issues are on appeal.

  • Copyright Infringement; Unfair Competition
  • USDC: Central District of California
  • Defendant Toy Importer
  • Stephen J. Erigero
  • Represented a toy importer in a case involving allegations of copyright infringement and unfair competition over an advertisement. Obtained the dismissal of right of publicity claims brought by individuals who appeared in the advertisement based upon the principle of copyright preemption of right of publicity claims.

  • The case was resolved by settlement.

  • Product Liability; Breach of Warranty; Breach of Contract; Unfair Competition
  • Santa Clara County Superior Court
  • Defendant Manufactured Homes Dealer
  • David M. McLaughlin
  • Represented a manufactured homes dealer in 30+ cases involving claims for product liability, breach of warranty, breach of contract and unfair competition.

     

  • The two cases led to a jury verdict and judgments in favor of the client. After the court awarded the client attorney fees in both cases, and the judgments were pursued, the plaintiffs filed bankruptcy and the serial litigation against the client ceased.