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.
Under U.S. law, anyone who uses a system that is likely to have been made by a patented process, and who does not demonstrate that the system was not made by the patented process, is [Read More…]
Recently, WHIPGROUP engaged in an arbitration that included a five day hearing in the City. Here are some thoughts about why arbitration is different (not clearly better or worse) than litigation. Venue The AAA arbitral [Read More…]
WHIPGroup previously filed a Motion to Dismiss a patent infringement suit filed against its client TomTom in the Western District of Texas. Rather than opposing WHIPGroup’s motion to dismiss, Plaintiff MDSP Technologies LLC voluntarily dismissed [Read More…]