When identity is everything.
Cases
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Below are brief summaries of some of our recent success stories.
Bulletin News Network v. Briefings, Inc. et al., Fairfax County Circuit Court, Virginia

Facts:
Suit was filed against our client, an individual defendant and former employee of the
Plaintiff, alleging,
inter alia, that during the last few days of his employment with the Plaintiff
he copied various templates, macros, and other materials which Plaintiff contended violated
their rights under Trade Secret, Business Conspiracy, and Computer Crimes Act laws.

Result:  After three days of a scheduled five-day trial Plaintiff settled with all defendants.  
Our client paid no damages and merely was required to remove the alleged
misappropriated materials from the hard drives of his computers.
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WorldGroup Consulting, Inc. v. DCM Group, Inc., Trademark Trial and Appeal Board

Facts:
While prosecuting our client's trademark application through the United States
Patent and Trademark Office, our client, a software developer located in Southern
California, received an initial refusal to register their applied-for mark based upon a
purported likelihood of confusion with a prior pending mark.  After negotiations with the
prior pending mark's owner failed to produce a satisfactory result for our client, an
Opposition Proceeding was instituted before the United States Patent and Trademark
Office's Trademark Trial and Appeal Board to oppose the registration of the prior pending
mark and thus clear the path to registration for our client's application.

Result:  After an inter partes decision, the Trademark Trial and Appeal Board sustained
our opposition to the prior pending mark, did not permit the same to register, and our
client's application was ultimately approved for registration.
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Rolling Peak, Inc.  v. Ross & Dunkel Spirits, LP

Facts:
While prosecuting our client's trademark application through the United States
Patent and Trademark Office, our client received an initial refusal to register their
applied-for mark based upon a purported likelihood of confusion with a prior registered
mark.  After negotiations with the prior registered mark's owner failed to produce a
satisfactory result for our client, a Cancellation Proceeding was instituted before the United
States Patent and Trademark Office's Trademark Trial and Appeal Board to petition the
Board to cancel the blocking registration and thus clear the path to registration for our
client's application.

Result:  After an inter partes decision, the Trademark Trial and Appeal Board sustained
our petition, cancelled the registration, and our client's application was ultimately approved
for registration.
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Copyright 2006 The Swyers Law Firm, PLLC