Whitmyer IP Group stifled Novadaq’s attempts to introduce untimely evidence of consumer confusion in a trademark suit against KARL STORZ. After summary judgment briefing closed, Novadaq sought the Court’s permission to file an employee declaration describing an instance of alleged consumer confusion. The Court promptly denied Novadaq’s request, but at the summary judgment hearing Novadaq asked the Court to allow the same employee to testify at trial. The Court then asked both parties to brief the issue, and agreed with KARL STORZ that Novadaq’s request should be denied in light of the prejudice to KARL STORZ, who had no opportunity to obtain discovery from Novadaq’s employee.
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…]