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Case Results: Copyright Infringement

Below is a list of some of the cases the firm has handled, not a complete list, and is not a guaranty of future results.

Guild, Inc. v. J.C. Penney
$1.4 Million

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
$1 Million

Klein & Wilson represented a partner 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

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.  All these cases stemmed from infringement of Klein & Wilson‘s client’s copyrighted fabric designs.

Doe Corporation v. Roe Corporation

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, Klein & Wilson settled the claims against the client 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 its client paid nothing, the employer dismissed the case with prejudice, and the injunction was dissolved.

Doe v. Roe

Klein & Wilson represented a prominent artist who was accused of infringing on copyrighted photographs found in a famous surfing book.  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.