Jansson Munger McKinley & Kirby Ltd.

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Representative Cases/Matters/Achievements

Achievements: Trademark/Unfair Competition Litigation


Examples of Trademark/Unfair Competition Litigation

Representing Wisconsin manufacturer in trademark/trade dress infringement case against several Chinese companies before the federal court in Las Vegas. Secured restraining order, seizure of infringing goods at trade show, order allowing early discovery with respect to counterfeit sourcing, permanent injunction, and an exclusion order enforceable by U.S. Customs.

Secured preliminary injunction in the U.S. District Court in Milwaukee for corporate publisher of magazine identified by well-known trademark against competitive company that adopted confusing domain name for competitive website. Thereafter obtained a finding of contempt and award requiring reimbursement of client’s legal fees for defendant’s violation of the injunction. Case ended with securing permanent injunction.

Defending major kitchen appliance manufacturer against trade dress infringement claim brought in the U.S. District Court in Hattiesburg, Mississippi by major competitor that claimed rights to the look of an electric appliance. Secured order from Court clearing client’s appliance for a successful on-time launch.

Secured preliminary injunction in the federal court in Boston for a Wisconsin shoe company holding a trademark infringed by a major athletic shoe manufacturer, thereby short-circuiting the national launch of a shoe line utilizing a mark infringing our client’s mark. Thereafter secured a final injunction and substantial monetary payment.

Representing tool company in lawsuit before the U.S. District Court in Chicago against Chinese companies offering knock-off tools. Secured temporary restraining order resulting in removal of infringing products and displays from the National Hardware Show in Chicago and thereafter secured permanent injunctive relief for client.

Representing corporate grower of agricultural product in trademark and antitrust lawsuit before the U.S. District Court in Milwaukee involving a disputed trademark. Secured resolution upholding client’s right to use mark and substantial monetary payment settling antitrust claims.

Representing corporate manufacturer of a variety of air valve products before the Trademark Trial & Appeal Board (TTAB) against an allowed federal trademark application by another company seeking to register a trademark similar to client’s mark. Obtaining TTAB ruling prohibiting registration of opponent’s trademark.

Secured summary judgment of infringement from the U.S. District Court in Milwaukee against major cosmetics company for infringing client’s cosmetics mark. Summary judgment resulted in permanent injunction against competitor’s use of the mark and substantial monetary payment.

Representing Wisconsin automotive retailer in trademark infringement case against regional competitor before the U.S. District Court in Milwaukee, securing cessation of infringement.

Successfully appealed against default judgment after being retained by Illinois company that had been wrongly accused of trade dress infringement in Texas state court in Ft. Worth. Default was overturned and the case was dismissed.

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