Clausen Miller Attorneys Obtain Complete Defense Verdict In Trademark Dispute
September 30, 2009
Clausen Miller attorneys Ian R. Feldman (Irvine office) and Joshua A. Aldort (Chicago office) obtained a complete defense verdict after a week-long jury trial in a trademark dispute against a distributor of novelty toy products in the United States District Court for the Central District of California.
The plaintiff, Momentum, LLC filed suit against CM's client, MJ Products, Inc. and its principals alleging causes of action for breach of contract, fraud and violation of unfair competition under common law and the Lanham Act. The complaint sought monetary and injunctive relief seeking to enjoin MJ from selling its competing products. Specifically, the plaintiff alleged that MJ, plaintiff's former distributor, unfairly competed with the plaintiff by marketing products with a confusingly similar name after the parties parted ways. In addition to the, the plaintiff alleged that the defendants were liable for cybersquatting and false advertising under the Lanham Act.
During the pleadings stage, Ian filed a successful motion under Federal Rules of Civil Procedure 12(b) challenging the Court's jurisdiction over four of the defendant's related corporate entities. After the close of plaintiff's evidence, the Court granted MJ's motion for judgment as a matter of law under Federal Rules of Civil Procedure 50, dismissing the individual defendants. Thereafter, the jury found in favor of MJ on each of plaintiff's causes of action. Subsequently, after a one-day bench trial, the Court denied all of plaintiff's claims for injunctive relief.
For more information about Clausen Miller's commercial litigation and intellectual property practice, please contact Ian Feldman at ifeldman@clausen.com or Joshua Aldort at jaldort@clausen.com.
