Wargo French attorneys have extensive experience handling intellectual property matters including protecting patents, copyrights and trademarks, enforcing confidentiality agreements, prosecuting and defending trade secret misappropriation and counseling clients on legal issues related to the emerging complexities of e-commerce and computer technologies. Our attorneys assist clients in the selection, prosecution, registration and enforcement of trademarks and service marks. Further, our attorneys have written and lectured extensively in the trade secrets area. For example, Michael S. French has served as a co-author and member of the editorial board for the American Bar Association’s Trade Secret Handbook for Franchise and Distribution Companies.
The following matters are indicative of the types of intellectual property and trade secret matters successfully handled by Wargo French attorneys:
- Defended technology company in trademark infringement action in the United States District Court for the Northern District of California. Defeated motion for preliminary injunction and obtained ruling that plaintiff had abandoned its trademark by virtue of naked licensing.
- Defended a global, publicly-held company in a patent infringement lawsuit in the Central District of California concerning a messaging system network that converts incoming e-mails to outbound faxes.
- Represented a concrete formulator in a four week patent infringement trial in the United States District Court for the Northern District of Georgia. Obtained a jury verdict in favor of the patent holder and a finding of willful infringement of two patents by the defendant.
- Defended legal publishing company in jury trial involving allegations of violations of Lanham Act in United States District Court for the Southern District of Florida. Argued appeal which resulted in seminal Eleventh Circuit decision on recovery of attorneys’ fees in Lanham Act litigation.
- Obtained preliminary injunction for worldwide business equipment manufacturer in United States District Court for the Central District of California to prevent continued trademark infringement and false affiliation.
- Represented a leading Internet service provider in a Lanham Act false advertising case that implicated the Communication Decency Act's "Good Samaritan" provisions.
- Defended large distribution company in a Section 337 Investigation in the United States International Trade Commission (ITC). In one of the largest patent infringement investigations to date, the Court found the subject patent invalid based on a broadening reissue amendment and a deficient reissue certificate. The Court held there was no violation of Section 337 and a general exclusion order did not issue.
- Represented worldwide office equipment corporation in trademark infringement, contributory trademark infringement and false affiliation dispute in federal court in California. Obtained a preliminary injunction against the defendants.
- Represented international fabric manufacturer in trademark infringement, passing off and unfair competition dispute in federal court in Georgia. Negotiated favorable settlement and permanent injunction in favor of client, including the payment of all attorneys’ fees and costs by defendant.
- Represented national biotechnology corporation in patent dispute pending in federal court in Georgia. Negotiated favorable early settlement on behalf of client.
- Represented client as national legal counsel in trademark enforcement program for a major German automobile manufacturer and distributor.
- Represented a clothing designer in various trademark infringement and unfair competition actions pending in federal court in Georgia and Florida. Obtained civil seizure orders and executed seizures along with United States Marshals in two trademark counterfeiting cases. Obtained a judgment after a bench trial against an international duty-free company in the United States District Court for the Southern District of Florida for trademark counterfeiting.
- Represented the world’s largest carpet manufacturer in a patent infringement and trade secret misappropriation case in the United States District Court for the Northern District of Georgia involving technology used to manufacture carpet tile.
- Represented a plaintiff/former employer in a Lanham Act false advertising and restrictive covenant case in federal district court in West Virginia. Sued only one former employee but, after substantially completing the preliminary injunction hearing, negotiated a global settlement including non-parties (the former employee’s new employer and another former employee who had joined the same company), which required the offending parties to pay attorneys’ fees and abide by the terms of the restrictive covenant.
- Represented an Internet service provider in patent infringement litigation in the United States District Court for the District of Delaware.
- Represented a Fortune 50 company in connection with claims for computer theft and unfair competition arising from misuse of the Internet. Obtained a permanent injunction and a judgment against the defendant.
- Represented a telecommunications company in a trademark infringement action. Within one month of filing suit, successfully negotiated a settlement requiring Defendant to change its corporate name and notify the public service commission of its name change in every state in which it does business.
- Represented well-known telecommunications provider in multiple actions involving misappropriation of trade secrets and employee raiding in courts in Illinois, Virginia and Texas. Obtained relief including return of misappropriated information, consent injunctions and attorneys' fees