February 2020 saw the culmination of a 7-year long Federal Court litigation between WHIPgroup client Bruce Kirby, designer of the famed Laser Sailboat, and builders of the Laser, Quarter Moon, Incorporated (“QMI”) and LaserPerformance (Europe) Limited (“LPE”). Kirby’s claims were resolved by a jury of his peers in New Haven, Connecticut, who unanimously determined (1) QMI willfully infringed Kirby’s BRUCE KIRBY trademark and (2) both QMI and LPE illegally misappropriated Kirby’s name for commercial benefit. The jury determined QMI’s unjust enrichment to be $4,337,157 and LPE’s to be $2,520,578. The jury also awarded punitive damages in an amount to be determined by the Court. A copy of the jury’s verdict form is linked below.
The jury’s verdict is long-awaited justice for Kirby, who has been seeking accountability for the Defendants’ illegal acts for years. WHIPgroup never gave up on Kirby’s claims and was eager to take the case to trial to prove Defendants’ bad faith in using Kirby’s trademark and name without authorization.
WHIPgroup successfully obtained an Order of Preliminary Injunction in connection with a Complaint and Emergency Motion for Temporary Restraining Order and Preliminary Injunction filed in the U.S. District Court for the Northern District of Georgia [Read More…]
On January 26, 2023, Wes Whitmyer of WHIPgroup will present on patents and trademarks at TechXel’s Venture Expert Series. For event details, click here. View the flyer.
WHIPgroup continues to represent its client’s best interests, filing counterclaims in an ongoing arbitration administered by the American Arbitration Association. WHIPgroup brought claims for breach of contract and unjust enrichment as well as tortious interference [Read More…]