Our Founding Fathers wisely provided in the United States Constitution for the protection of intellectual property. As a result, the exclusive patent rights given to inventors sits at the core of our nation’s innovation and industry, while the copyright protection afforded authors is the very heart of the film, music, publishing and software industries, to name but a few. The United States Lanham Act protects commercial identity through the protection given to trademarks.
We regularly counsel our clients regarding their IP strategies and portfolios, and we litigate to protect and defend their patents, copyrights, trademarks, trade dress, trade secrets, reputation, privacy rights and rights of publicity. Our attorneys have the savvy and skill to handle the most nuanced IP litigation matters, from prosecuting or defending complex claims of patent infringement to resolving the breach of detailed worldwide IP licensing agreements.
- The representation of Roland Corporation, the world’s leading electronic musical instrument manufacturer, in numerous matters involving the protection of Roland’s IP, including a case of first impression establishing copyright protection for the sound recordings contained in Roland’s keyboards, synthesizers and sound modules, the enforcement of Roland’s trademark portfolio and trade dress (including the famous trade dress of Roland’s renowned line of BOSS guitar effects pedals).
- The representation of Roland defending against a claim of patent infringement in the patent “rocket docket” of the Eastern District of Texas, in which KWIKA secured a rare victory on a motion to transfer for inconvenient venue. This victory was particularly notable given that the Eastern District has been well-known for almost never transferring patent cases. The case was successfully resolved after it was transferred to the Central District of California.
- The representation of Roland defending claims that an integrated LCD screen on Roland keyboards infringes a patent.
- The representation of Roland defending claims that Roland’s “Rhythm Coach” line of drum practice pads infringe a patent for cadence-providing drum practice technology.
- The representation of Roland DGA Corporation, the world’s leader in integrated printer/cutters for sign-making on durable graphics, defending patent litigation claims in the District of Connecticut that Roland is infringing a patent for print/cut technology for sign-making.
- The representation of Sea World Parks & Entertainment defending a claim in the Southern District of California (San Diego) that the name of SeaWorld’s three water-based theme parks infringes a trademark in the word “Aquatica” owned by an online retailer of performance swimwear.
- The representation of Mattel, Inc. in a trademark opposition proceeding brought by Universal Music Group (UMG) before the U.S. Trademark Trial and Appeal Board concerning a line of Hot Wheels cars called “Motown Metal” – classic muscle cars from the “Big 3” Detroit auto makers.
- The representation of Zobmondo!! Entertainment, LLC, a producer of board games, card games, and books derived from the concept of “Would you rather…?” questions in a trademark, trade dress, and copyright infringement brought by a competitor who sells “Would you rather…?” books and games.
- The representation of the cosmetic company, Rich On, Inc., in a trade dress action brought by a competitor, Beauty 21, Inc. The matter was settled.
- The representation of the cosmetic company, Hair Cubed, in a trademark and false advertising action brought by a competitor, Spencer Forest, arising out of the use of Google Adwords. The matter was settled.
- The representation of Sense Trading Company in a copyright, trademark and trade dress lawsuit brought by Brighton Collectibles in the Southern District of California (San Diego), alleging that Sense Trading’s purses and wallets infringe on Brighton’s intellectual property rights.
- The representation of a fitness business consulting firm in a trademark dispute with a worldwide fitness company.
- The representation of DocuLex, Inc. and its officers in a copyright, trademark and breach of contract action in the Northern District of California. After KWIKA obtained summary judgment, the Court awarded DocuLex over $635,000 in fees and costs as a prevailing defendant under the Copyright Act.
- The representation of artist Thomas Kinkade in an arbitration involving copyright and breach of contract issues.