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Posts tagged federal litigation
Canadian toymakers cleared

Redwoodventures Ltd. v Irwin RX Ltd., W.D. Ark. No. 5:15-cv-5174-TLB.

Plaintiffs Redwoodventures Ltd. filed this trademark, trade dress, and copyright infringement case against our clients - the Canadian toy producers, Irwin RX, Ltd. In defending the case for Irwin, we discovered serious problems with plaintiff Redwoodventures Ltd.'s intellectual property claims. The plaintiff claimed trade dress in a product they had not used, it claimed trademark rights using dates well prior to when any actual sales occurred, and there were numerous other problems with the copyright applications. As a result of these revelations, our client Irwin RX filed and aggressively advanced many counterclaims and sought a determination the rights were invalid or unenforceable. Our clients denied all wrongdoing and were preparing for trial; however, prior to trial, Redwoodventures dismissed its entire case. The plaintiff received no payment from our clients and Redwoodventures released our clients from any infringement allegations or claims.

3D Magic Pens

Our client produced a children's learning tool product known as 3D Magic. Its competitor filed suit in federal court and threatened not only our clients but also used the case to disrupt our client's previously good connections to Walmart. 

Trade dress infringement - Rotoworks of New Zealand

Rotoworks Int’l Ltd. v. Grassworks USA, LLC, W.D. Ark., No. 07-CV-5009

After a weeklong trial in Fayetteville Federal District Court, a jury determined that the defendant engaged in a bait-and-switch operation in this trademark infringement case. Our firm represented the New Zealand trademark owner, Rotoworks Int’l Ltd. The defendant, Grassworks USA, would advertise the New Zealand manufactured equipment but then ship a knock-off version to the customer. A jury returned a verdict of $375,000 for intentional trademark infringement and the court additionally awarded $191,699 in attorneys’ fees.

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Can we get a calculator?

This is the note from the jury foreman during deliberations in this case. Usually that is a good sign for a plaintiff in any jury trial, and it was in this instance.

Henry Law Firm is Your Trademark Authority