» Cases

Trademark Infringement

gregory — Tue, 27 Mar 2007 00:46:36 +0000

Jupitermedia v. Jupiter Hosting. US DC Northern District. Status: Settled 2005. Successfully defended against Motion for Preliminary Injunction. Judge Claudia Wilkins denied Jupitermedia and their counsel’s motion on the basis of - among other things, Jupitermedia’s mark Jupiter was “hemmed in on all sides.” Afterall, despite Jupitermedia’s position that “Jupiter had no meaning in the English language other than as part of their mark,” Jupiter is the largest planet in our solar system and a Roman God.

Copyright Infringement

gregory — Mon, 26 Mar 2007 23:58:04 +0000

Advanced Diagnostics USA et al. v. American Auto Lock. US District Court ED Pennsylvania. Status: Settled 2006. Client AD USA and AD UK created and manufacture a handheld device that assists the automotive industry interface with the computer and lock system located on an automobile. Defendant American Auto Lock allegedly took an authentic AD UK product and had it copied down to the printed circuit board, errors on the screen and including the AD UK programmers’ name in the object code. After obtaining a TRO against American Auto, we obtained a Permanent Injunction (Consent Order Granting Permanent Injunction) in accordance with a settlement of the dispute.

Software Co. v. Software Co. US District Court Northern District. Successfully obtained motion to dismiss for lack of personal jurisdiction on be half of non-California based client. Underlying case alleged intentional infringement of document management software and gui.

Trade Secret

gregory — Mon, 26 Mar 2007 23:53:30 +0000

Datapark v. GMG et al. US DC Northern District Cal Status: Settled 2006 (Datapark GMG Non-Confidential Settlement Agmt). We represented Datapark, the manufacturer of hardware and software that runs the equipment located at parking garages. We brought suit on Datapark’s behalf in the Northern District on Trade Secret Misappropriation, Breach of Contract, Computer Fraud and Abuse, Electronic Communications Privacy Act (”ECPA”) against three former employees who Datapark alleged - among other things — that GMG and its principals took Datapark source code and built a product that derived from Datapark’s core product. Somehow, Datapark alleged, GMG won a bid on a project that Datapark had been working on by bidding only a few hundred dollars less than Datapark.

Cal-North v. Former Employee California Superior Court. Status: Settled 2006.

Former employee/partner purportedly stole the customer list and crm database and the company lap top. Returned the lap top reformatted but denied that the contents were trade secrets of former employer. Allegations included that former employee solicited customers of former employer to switch to new insurance broker prior to obtaining his own proper licensure.

Patent Infringement

gregory — Fri, 27 Oct 2006 00:11:08 +0000

Patent Holding co v. Public Conglomerate Utility Subsidiary. US DC Georgia. Status: Settled. Successful resolved allegations of direct and contributory infringement by defeating plaintiff’s logic of claim constructions.