Results: Copyright Infringement & Trademark
Guild, Inc. v. J.C. Penney
In 2004, Klein & Wilson won a verdict of $1.4 million in a breach of implied contract and copyright infringement case against one of the largest retailers in the United States. The jury awarded every penny Klein & Wilson requested. The Court commented that Klein & Wilson's multimedia trial presentation was the best it had ever seen.
Project FasTags, Inc. v. Fascenelli
Klein & Wilson represented one of two partners in the breakup of a lucrative partnership. In addition to various breach of fiduciary duty claims, Klein & Wilson represented the client in claims of copyright and trademark violation. Klein & Wilson was able to achieve a settlement resulting in a payment to its client of just over $1 million. In addition, the client retained control of the business.
Doe Corporation v. Roe Corporations (Case Confidential)
In 2004 through 2006, Klein & Wilson settled a number of related copyright infringement cases against major garment manufacturers and some of the largest retailers in the world for $535,000.
Doe Corporation v. Roe Corporation (Case Confidential)
Klein & Wilson's client, a prominent jewelry designer, received a letter from a competitor claiming that Klein & Wilson's client infringed on the competitor's trademark and copyrights. The competitor sought millions of dollars of damages and a permanent injunction. In order to establish jurisdiction in California and negotiate from a position of strength, Klein & Wilson filed an action against the competitor in California for declaratory relief. Shortly after, the case settled for only $25,000.
Paleteria La Michoacana, Inc. v. Peña
Klein & Wilson represented the former employee of a large ice cream company which alleged that Klein & Wilson's client took the employer's customer list and formed a competing company. By the time the employee retained Klein & Wilson, the court had already entered a preliminary injunction against the employee, preventing him from soliciting business from over 700 customers in California. Klein & Wilson immediately filed and won a motion to disqualify the employer's counsel because it had previously represented the employee in another case, creating a conflict of interest. Klein & Wilson then conducted discovery which persuaded the employer's new attorney that the case had no merit. Subsequently, Klein & Wilson negotiated a settlement whereby his client paid nothing, the employer dismissed the case with prejudice, and the injunction was dissolved.
Peake v. Miller
Klein & Wilson represented a prominent artist who was accused of infringing on copyrighted photographs found in the book entitled, Surfing San Onofre to Point Dume 1936 - 1942 Photographs by Don James. The alleged owner of the copyright sought thousands of dollars in damages. Klein & Wilson cast doubt on the alleged infringement and settled the case for a fraction of the demand.