Trademark Infringement Case : Attack as Defense, Winning Before Court

CHANG TSI
Insights

October09
2024

So proud and excited to share that we just received a court ruling for withdrawing a trademark civil infringment case in which we represent the defendant. I deem it as another Triumph Without Setting Foot in Court.

As attorney of defense in a recent trademark infringement civil lawsuit, with strong support and trust from the clients, we successfully navigated a challenging scenario that culminated in the plaintiff's voluntary dismissal of the case.

Faced with a tight timeline after receiving a notice to respond just weeks before the scheduled court date, our team swiftly dissected the complexities of the case. We evaluated the legitimacy of the plaintiff's claims, the legality of the alleged infringement, and the context surrounding the lawsuit. Our comprehensive analysis identified all potential defenses, advising our clients to adopt an assertive counterstrategy.

We didn't just prepare a defense against infringement; we went on the offensive, challenging the plaintiff's trademark registration and their misuse of legal rights. Proactive engagement with the presiding judge allowed us to convey the dispute's background and the plaintiff's litigious overreach, leading to a strategic request to involve a third party and secure a postponement of the hearing, thus gaining crucial preparation time.

Our forward-leaning approach paid off when the plaintiff, after reviewing our third-party motion and subsequent communications with the court, chose to retreat by filing a motion to withdraw their lawsuit. This strategic victory was achieved without the need for a substantive trial, showcasing the power of preemptive legal maneuvering and the art of winning without waging war in the courtroom.

Tracy Shen
Partner | Attorney at Law
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