(Numerous Trademark Trial and Appeal Board and ICANN UDRP cases excluded)
New York Times Co. v. Tasini , 533 U.S. 483 (2001) , Prepared amicus Supreme Court brief on behalf of the AIPLA for this landmark copyright case.
Advantus Capital Management et al. v. Aetna, Inc ., Civil Action No. 0:06-cv-02855 (D. Minn. 2006). Represented plaintiff owner of ADVANTUS trademark for investment-related services. Moved for preliminary injunction to stop Aetna from using ADVANTUS for health plan-related services. Secured immediate and complete preliminary injunction. Case subsequently settled.
PrimeVest Financial Services, Inc. (division of ING) v. Partnervest Financial Group, Inc. ; Civil Action No. 0:05-cv-189 (D. Minn. 2006). Represented plaintiff asserting infringement of PRIMEVEST trademark. Following depositions of the executives of defendants, defendants agreed to stop using the PARTNERVEST mark and the case settled.
Jeff Anderson and www.mnschools.com v. Advanced Access, Inc. , et al ., Civil Action No. 03-2908 (D. Minn. 2005). Represented defendant in copyright infringement case involving website framing. Case settled during summary judgment motion hearing.
Schwan's IP, LLC and Schwan's Consumer Brands v. Kraft Pizza Company, Civil Action No. 04-125 (MJD/JGL) (D. Minn. 2004); Appeal to the Eighth Circuit Court of Appeals Appeal No. 05-3463. Represented the plaintiffs in a trademark and unfair competition claim relating to use of the marks BRICK OVEN and BRICK OVEN STYLE in connection with frozen pizza.
PrimeVest Financial Services, Inc. v. PrimeVest, Inc. and Brian Quinn, Case No. '01 CV 0438 W (D.S.D. Cal. 2001). Represented plaintiff asserting infringement of PRIMEVEST trademark. Defendants agreed to stop using the PARTNERVEST mark and the case settled.
Joseph Reiners d/b/a Mother Natures Vitamins v. MotherNature.com, Civil Action No. 99-CV-1531 DSD/JMM (D. Minn. 1999). Represented plaintiff asserting infringement of MOTHER NATURES common law trademark. Defendant agreed to purchase rights to the MOTHER NATURES mark and the case settled.
ZCL Composites, Inc. v. Xerxes Corporation, Civil Action No. 0:98-CV-999 (D. Minn. 1998). Represented defendant in a patent infringement suit related to underground storage tanks. Case settled.
Department 56, Inc. v. William E. Kirchner, Civil Action No. 99-CV-152 JMR/FLN (D. Minn. 1999). Represented defendant in an unfair competition and right of publicity case. Case settled after opening arguments at trial.
CSC Brands LP and Campbell Soup Company v. Herdez Corp. and Hormel Foods Corp, Civil Action No. CIV S-01-1504 FCD/GGG (D. Minn. 2003). Represented defendants in a trademark infringement case involving the V8 mark and trade dress. Case settled prior to trial.
EZ Dock, Inc. v. Schafer Systems, Inc., Civil Action No. 98- 2364 RHK/JMM (D. Minn. 1998). Represented defendant in a trade dress and patent infringement case involving an on sale bar. Case settled during appeal after summary judgment in defendant's favor.
Lundgren Bros. Construction v. Pickens, (D. Minn.). Represented the defendant homeowner in a copyright infringement action involving design of a residential home. Case settled.
SJF Material Handling, Inc. v. American Surplus, Inc ., Civil Action No.: 021899 MJD/JG (D. Minn. 2003). Represented plaintiff in a copyright infringement action related to website design. Case settled with the agreement to cease use and consent judgment.
Bradley Pharmaceuticals, Inc. v. New York Otolaryngology, Group, P.C., Civil Action No. 01-2014 JAG (D. NJ 2001). Represented the plaintiff in a copyright, metatag, trademark and domain name infringement action. Case settled in plaintiff's favor.
Minnesota Mining And Manufacturing Company v. Print-Inform GmbH & Co. and Janel, S.A. de C.V. ; ITC Investigation No. 337-TA-467 (2002). Represented the plaintiff in an ITC trademark infringement action related to the use of the color yellow on repositionable notes. Cases settled with defendants' agreement to cease use.
TCF Financial Corporation v. Derrik Dyka; Civil Action No. (D. Minn. 2003). Represented the plaintiff in a trademark and domain name infringement action related to the mark TCF. Case settled with defendant's transfer of the domain name.
DecoPac, Inc. v. PhotoFrost Decorating Systems and Lew Churnick; Civil Action No. 05-899 JNE/SRN (D. Minn. 2005). Represented plaintiff in a trademark infringement action for use of the mark PHOTOCAKE. Case settled with defendant's agreement to cease use.
Anything.com Ltd. v. Mighty Media, Inc.; Civil Action No. 06-cv-162 ADM/AJB (D. Minn. 2006). Represented the plaintiff in a contract action to enforce the contract to sell the domain name at issue.
BDC Partners, Inc. v. Lebanon Valley College and Dickinson College; Civil Action No. 2:06-cv-1699 (D. Ariz. 2006). Represented domain name holder in an appeal of an UDRP proceeding related to use domain names containing college names and mascot names.
Northern States Power Company v. PECO Energy Company, Civil Action No. 00-302 PAM/JGL (D. Minn. 2001). Represented defendant in a trademark infringement and unfair competition action against Northern States Power Company's new name and mark Xcel Energy asserted by PECO Energy Company based on its Exelon name and mark. Case settled with continued use of the mark by our client.
Northern States Power Company v. Excel Energy, LLC, Civil Action No. 00-302 (PAM/JGL) (D. Minn. 2001). Represented defendant in a trademark infringement and unfair competition action against Northern States Power Company's new name and mark Xcel Energy asserted by Excel Energy LLC. Case settled with continued use of the mark by our client.
Gary W. Polzin d/b/a/ Polzin Glass v. Tom Polzin d/b/a Polzin Auto Glass, Appeal No. 99-2615 (8th Cir. May 18, 2000). Represented defendant in trademark infringement and unfair competition matter. Successfully defeated a motion for a preliminary injunction and obtained summary judgment for the defendant on the basis of claim preclusion. Affirmed on appeal.
U.S. Bancorp and U.S. Bank National Association v. Empire Bancshares, Inc. and United Southwest Bank, Civil Action No. 99-CV-985 MJD/JGL (D. Minn. 2000). Defended trademark infringement action brought by U.S. Bank contending that United Southwest Bank's US BANK mark infringes U.S. Bank's trademark rights. Case settled.
ADC Telecommunications, Inc. v. ADC Information Technologies, Inc., Civil Action NO. C-2--01-868 (S.D. Ohio 2001). Represented plaintiff in a trademark infringement, unfair competition and related claims action relating to use of ADC mark.
Saint Mary's Press of Minnesota v. DeVore & Sons, Inc. d/b/a Fireside Catholic Publishing and Fireside Bible Publishers, Civil Action No. 04-01561-DWF-SRN (D. Minn. 2004). Defended trademark and trade dress infringement action alleging that DeVore & Sons' Catholic Your Bible infringed on Saint Mary's Press' Catholic Youth Bible. Successfully defeated preliminary injunction motion and obtained dismissal of all claims with prejudice. See Saint Mary's Press of Minnesota v. DeVore & Sons, Inc., 2004 U.S. Dist. LEXIS 12255 (D. Minn. 2004).
B&K Industries, Inc. v. Kohler Co., Case No. 04 C 03454 (N.D. Ill. 2004). Represented Kohler in a trademark infringement dispute regarding B&K's use and attempted registration of the mark CALLISTO in view of Kohler's KALLISTA mark.