Given the multi-million (or billion) dollar judgments headlining these days, it isn’t often that you see somebody bragging about getting a client only $22,000. However, when the client is the Defendant in a trademark infringement lawsuit and you force the other side to pay $22,000 just to be let out of their own lawsuit – then that is cause for discussion and celebration (and perhaps even little bragging!).
These days, we are increasingly seeing intellectual property being used as an anti-competitive tool. Because trademark infringement is so complex, and there are many factors that must be analyzed to determine infringement, it is easy to get into court and force your opponent to spend many thousands of dollars defending an otherwise frivolous action. Fortunately for the clients of The Kinder Law Group, however, we specialize in helping clients to defend against frivolous actions.
In a recent victory, The Kinder Law Group, APC helped a mom and pop day spa operating under their trademark since December 2005 defend against a trademark infringement claim by a large destination resort and spa that owned a trademark registration which issued in 2009 (the filing date of the underlying intent-to-use application was March 2006).
After a substantial amount of litigation, including competing motions for summary judgment, The Kinder Law Group persuaded the other side to resolve the matter by paying the Defendants to let the Plaintiffs out of their own suit. So, although the amount of the payment was not headline shattering, it is a meaningful amount for defendant to receive for being sued.