Rebecca J. Cantor

Kitch LLC v. Deejayzoo, LLC (Jury Trial – C.D. California): A federal jury in Los Angeles cleared beauty brand, Kitsch, represented by Brooks Kushman, from accusations that shower caps it makes infringe a New York designer’s patented design and related trademarks. After about an hour, eight jurors indicated they were siding with Kitsch, which had sued in 2019 seeking a ruling that its products did not infringe a pair of patents and trademark-protected marketing language, owned by a company called Deejayzoo. Only one of the two patents that Deejayzoo put forward made it to trial. Brooks Kushman attorneys also proved that Deejayzoo didn’t have the right to the descriptive slogan Kitsch used and that there was no evidence of confusion.

Mag Automotive LLC V. Gadra Enterprises, Inc. (Summary Judgment – E.D. Michigan): Represented defendant Gadra in a trademark infringement matter relating to a numbering system on automotive equipment parts. Convinced the court that plaintiff did not have any enforceable trademark rights as the asserted trademarks were functional and had no secondary meaning, and the Court granted Summary Judgment for Gadra. Also convinced the Court to deny Plaintiff Mag Automotive’ s motion for Summary Judgment on Gadra’s counterclaims alleging false advertising, business and product disparagement, and tortious interference with business relationships and allow those claims to go to trial. The matter settled before trial. Case No. 2:16-cv-12049

See, Inc., v. See Concept SAS (Settlement – E.D. Michigan): Represented Plaintiff See, Inc. in a trademark, unfair competition, and breach of contract matter regarding eyewear products. Settled favorably just over one year after the complaint was filed. The Court also issued a permanent injunction against the Defendant. Case No. 2-16-cv-13261