Trademark and Trade Dress Litigation

  • Won a jury verdict of several million dollars, a permanent injunction and attorneys' fees for plaintiff Mattel after a jury trial against a maker of toy cars who infringed Mattel's HOT WHEELS trade dress.
  • Won a directed verdict for defendant Mattel at the close of the plaintiff's case, in a trademark infringement trial involving Mattel's Pearl Beach BARBIE doll line, and won the appeal to the Ninth Circuit.
  • Won a defense victory for defendant Nike in its landmark trademark case against Adidas over Nike's right to use two stripes on athletic apparel; Adidas filed a broad 'covenant not to sue' releasing Nike from all past trademark claims and its own infringement counterclaims and committing not to sue Nike over any two-striped athletic apparel or shoes throughout the U.S.
  • Achieved a substantial payment for plaintiff K-Swiss, as well as a consent decree and worldwide permanent injunction, on the eve of a five-week jury trial against Payless ShoeSource for multiple counts of infringement of K-Swiss' five-stripe and toe box trademarks and Classic trade dress.
  • Achieved a permanent injunction and damages for Red Bull against the maker and distributor of Arctic Bull energy drinks in a dispute over use of a mark confusingly similar to the Red Bull mark and trade dress.
  • Achieved dismissal of a competitor's trade dress claims against Nike on its AIR JORDAN basketball shoes.
  • Achieved a favorable settlement for K-Swiss in a dispute over Victorinox/Swiss Army's use of "Swiss" on sportswear and accessories.
  • Achieved a permanent injunction and damages for Red Bull against a maker and distributor of Buzz Bites energy candy in a dispute over use of the Red Bull mark and trade dress in alleged comparative advertising.
  • Achieved a favorable settlement for defendant Borland in a dispute over Borland's use of its DELPHI trademark on software.
PHONE: 310.765.7650 FAX: 310.765.7641   ©2010 Pruetz Law Group LLP | disclaimer