Intellectual Property Entertainment Law

B&B Hardware, Inc., v. Hargis Industries, Inc.
B&B Hardware, Inc., v. Hargis Industries, Inc., 569 F.3d 383 (8th Cir. 2009) (published Federal Circuit Court opinion)
In this trademark infringement case, FBBC represented a trademark holder, B&B Hardware (“B&B”) in an action against a fastener manufacturer for trademark infringement and other claims. B&B held a federally registered trademark for its fastener product. In a prior trademark infringement action filed by B&B against the manufacturer several years earlier, before B&B was represented by FBBC, a jury found that B&B’s mark was merely descriptive and had not acquired a secondary meaning. Thus, the jury found in favor of the manufacturer. On the heels of this victory, the manufacturer tried to obtain its own trademark registration for the mark. If successful, this could have been devastating for B&B. B&B subsequently hired FBBC, which promptly stopped the fastener manufacturer from getting its own registration. Thereafter, the US Patent and Trademark Office acknowledged B&B’s trademark as being “incontestable.” FBBC then filed a new trademark infringement action against the manufacturer. The district court initially dismissed the action, claiming that B&B had already had its day in court years earlier. However, the Court of Appeals for the 8th Circuit reversed the dismissal, finding that because B&B’s mark had become incontestable, it could no longer be challenged for mere descriptiveness. With its claims now resurrected, B&B is now positioned to obtain profits and damages from the manufacturer-defendant whose sales of products under the infringing trademark exceed $25,000,000.00.
Hablinski v. Amir Construction et al.
Received the largest jury verdict in the country at that time for infringement of copyrights in a residence under the Architectural Works Copyright Protection Act.
Successfully defended national Architect client
Successfully defended national Architect client against claims made by plaintiff in McCormick, et al. v. Amir Construction Inc., et al.
After successfully forcing dismissal of lawsuit against its client, FBBC prevailed on appeal in the Ninth Circuit, while seeking and receiving sanctions against McCormick.
Level 9 v. HPV, Inc.
FBBC defended HPV in an action seeking to have HPV turn over very valuable, innovative technology. Level 9 was aggressively represented by a large national law firm. After careful strategy by FBBC and months of litigation, the case settled in HPV’s favor. Level 9 dismissed its case in return for a complete release of claims that HPV had against Level 9. HPV retained ownership of the technology and is successfully marketing that technology today without further interference.
Boondock Saints I film – CB Productions Inc. et al v. Spartan Home Entertainment et al.
Represented first time Writer/Director and Producer against national movie distributor, characterized as a David v. Goliath litigation. On the eve of trial, defendant settled and plaintiffs are allowed to comment that they are exceedingly happy with the results. As a side note, FBBC is proud that writer/director Troy Duffy and producer Chris Brinker have, after aggressively protecting their intellectual property rights against all comers, successfully produced and directed Boondock Saints II: All Saints Day in 2009, and whose 2010 DVD sales opened as the number one movie over academy award winning competition. Congratulations.
Considered by some to be retaliatory by Spartan for the above case
Considered by some to be retaliatory by Spartan for the above case, Spartan Home Entertainment filed Spartan Home Entertainment, LLC v. Boondock Saints, LLC et al.
Spartan sought millions of dollars of alleged damages from Boondock. Through careful strategy, FBB&C was able to eliminate Spartan’s claims before trial and then focused on Spartan by proceeding to prosecute Boondock’s new claims against Spartan. Spartan settled Boondock’s claims before trial on terms favorable to Boondock that Spartan again requested be kept confidential.
AntiCancer v. Teco Diagnostics
In this patent infringement case, FBBC’s client was sued by a plaintiff seeking millions of dollars for infringement of five (5) separate patents. On the eve of trial, FBBC obtained a complete dismissal of the entire action in favor of its client, resulting in the Court entering the following order: “That AntiCancer take nothing by reason of its [Complaint]” and that “the dismissal of the [Complaint] of AntiCancer be entered with prejudice denying AntiCancer any relief requested in the [Complaint] and any relief whatsoever in this matter with prejudice.”
Sun Action Textiles, Inc. v. Revman, et al.
FBBC successfully prosecuted multiple copyright infringement cases for its client, Sun Action Textiles, Inc., resulting from the infringement of its copyrighted fabric prints. Defendants had been selling various prints, claimed to be original, through such large retail chains such as Macy’s, Bed Bath & Beyond and Target. Having secured the appropriate copyright registrations for its clients through the U.S. Copyright Office in advance of the infringements, FBBC positioned its client to successfully recover damages and attorney’s fees from the defendants. The cases were resolved with all defendants on terms of confidentiality, with substantial cash payments being made to FBBC’s client and permanent injunctions being entered against the defendants by the court.


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