CMPR Intellectual Property Group – Recent Developments

Sat, 05/23/15
By: John Dawson, Partner

CMPR Intellectual Property Group – Recent Developments

From securing a nationwide injunction on behalf of a winery in a hotly contested trademark infringement case, to obtaining a favorable settlement for an iconic San Francisco restaurant in a complex declaratory judgment action, CMPR’s Intellectual Property Group has recently procured a string of great results for our clients.  These include:  

White Oak Vineyards & Winery LLC v. White Oak Spirits, LLC

On March 9, 2015, CMPR obtained a preliminary injunction on behalf of White Oak Vineyards and Winery, LLC (“White Oak”) against White Oak Spirits, LLC in a trademark infringement action pending in the U.S. District Court in Los Angeles.  The injunction prevents the spirits company from further production, sale, or marketing of its “WHITE OAK PREMIUM VODKA” or other marks likely to be confused with White Oak’s WHITE OAK trademark for wine.  The team of John B. Dawson (head of the CMPR Intellectual Property Group) and Rick O’Hare co-authored the winning briefs, with Philip J. (“Jeff”) Terry providing key input on strategy.  This decision will be the subject of a forthcoming email update from the IP Group.

Strome, et al. v. DBMK Enterprises, Inc., et al. 

In February 2015, Jeff Terry obtained a very favorable settlement of a declaratory judgment/trademark cancellation action in the U.S. Federal District Court in San Francisco on behalf of the owners of the “Mama’s on Washington Square” restaurant in San Francisco. The plaintiffs in this action sought cancellation of the MAMA’S ON WASHINGTON SQUARE trademark, along with monetary damages arising out of a longstanding dispute. After several successful 12(b)6 motions to dismiss, the case settled, and our client’s registered trademark remains intact.   

CMPR Intellectual Property Group 

Our IP Group has grown substantially over the past year, and now consists of an integrated team of transactional attorneys, litigators, and dedicated paralegals focused upon maximizing the value of our clients’ trademarks, patents, copyrights, and other intellectual property, including John B. Dawson, Jeff Terry, Rick O’Hare (a licensed patent attorney), Linda Siskind (paralegal), and Marta Randall (paralegal).

Congratulations are also in order for our Partner, Jay M. Behmke.  As many of you know, Jay is about to leave CMPR, and for the last few months he has been transitioning to his new job as CEO of International Fruit Genetics (“IFG”).  IFG is a long-standing CMPR client that patents and licenses grape varieties in the U.S. and around the world.  Jay’s primary responsibilities at CMPR were leadership of the intellectual property practice and the alcoholic beverage regulatory practice. While his intellectual insights may be irreplaceable, CMPR is fortunate to have many other capable people to step into these roles, including our Partners John B. Dawson and Jeff Terry, along with the able assistance of Rick O’Hare, Jeremy Little, Kim Corcoran, Natalie Rosenthal, Linda Siskind, Suzanne Glover and others. If you have questions regarding intellectual property or regulatory issues, please contact John B. Dawson or Natalie Rosenthal.  In addition, Jay has agreed to remain available to us for consultation on the occasional knotty problem.  If you have any questions about these or any other issues, you may also contact John Mackie, Managing Partner at CMPR (tel: 707-526-4200; e-mail:jmackie@cmprlaw.com.)