Whitmyer IP Group filed an action for declaratory judgment of no trademark infringement on behalf of its client, a leading quick service restaurant franchisor. The defendant had previously made repeated claims of willful trademark infringement and sought substantial damages, despite the fact that WHIPgroup’s client had prominently used its trademark on a national basis for more than ten years without evidence of confusion or notice of the third party’s rights. WHIPgroup attorney Walter Welsh filed the declaratory judgment, which seeks a determination of noninfringement on several grounds, to protect the client from further harassment.
By William L. Birks “The court in exceptional cases may award reasonable attorney fees to the prevailing party.” 35 U.S.C. § 285 While every prevailing party would seek attorney fees if they could, it’s important [Read More…]
By Patrick D. Duplessis As we recently reported, the Arterton Inn of Court held its first substantive event on the 2018-2019 session, and WHIPgroup attorneys played a major role in preparing the event. The event, [Read More…]
By Lauren C. Matturri In December 2018 toy company MGA Entertainment Inc. filed a declaratory judgment against Louis Vuitton. This was to preempt the French fashion house from claiming MGA Entertainment’s Pooey Puitton toy was [Read More…]