Other Complex Litigation
Irwin IP has also litigated myriad complex non-IP business matters, such as breach of contract, antitrust, and unfair competition claims.
Representative matters of Irwin IP, or its lawyers, include:
Carrol Shelby Licensing v. Eleanor Licensing, LLC. Lead counsel for Eleanor Licensing, owner of the intellectual property to the Gone in 60 Seconds movie franchise, in copyright, breach of contract, and trademark litigation against Carrol Shelby Licensing and Classic Recreations for the right to make working replicas of the Eleanor star car character.
Certain Programmable Logic Controller (PLCs), Components Thereof, and Products Containing Same. Lead counsel for third party Revere Electric Supply Co. against Complainant’s discovery efforts at the International Trade Commission.
Graff v. The Owings Gallery, Inc. et al. Lead counsel for auction purchasers of a fine art painting in connection with replevin, detinue, and other claims based upon the assertion that the painting was stolen, resulting in favorable settlement.
LKQ v. Earl Owen. Lead counsel for LKQ in an offensive matter related to improper web scraping of LKQ data culminating in expedited injunctive relief and recovery of fees associated with bringing the action.
LKQ Corporation v. FCA US LLC. Lead counsel for supplier of aftermarket automotive parts in a trademark infringement, breach of contract, RICO, and antitrust matter. Successfully defended a motion to dismiss LKQ’s declaratory judgment trademark claims and LKQ’s offensive claims relating to antitrust and RICO counts, resulting in a report and recommendation by the Delaware Magistrate Judge assigned to the case that recommended denying FCA’s motion to dismiss in its entirety.
Matt Furlin. Lead counsel for actor in negotiation to secure credits and compensation from an independent documentary film production company.
NextPulse v. Life Fitness. Lead counsel for Life Fitness in copyright infringement and tortious interference claims regarding videos and software for use with fitness equipment.
Shuffle Master. Lead counsel in numerous intellectual property matters for market leader, many of which involved antitrust counter-claims, and successfully defending against or obtaining summary judgment against such claims.
Software Company. Trial counsel in a confidential multi-day arbitration trial in a case involving defense of fraud claims based upon the assertion of improper revenue recognition in advance of company sale, and offensive claims of interference with contractual relationship result in major victory.
Staple Ease v. Ecoturf. Lead counsel for Staple Ease in a contractual licensing dispute with its exclusive licensee, resolving the dispute and reacquiring Staple Ease’s licensing rights at an expense of less than $10,000 in attorney’s fees.
The Dow Chemical Company v. Shell Oil Company. Represented plaintiff in breach of contract case relating to a joint development effort in liquid redox chemistry. The case settled on favorable terms shortly before trial.