Crosby & Higgins LLP has successfully resolved a trademark infringement and trade dress dispute on behalf of its client, a Canadian distributor, in a federal lawsuit filed in the U.S. District Court for the Southern District of Nevada. The client was a former distributor of insect repellent products manufactured by the plaintiff, an American company. In its complaint, the plaintiff alleged that after the parties’ relationship ended, the client designed, manufactured, and began selling a product that was substantially similar to its own product. The complaint included claims for federal and common law trade dress infringement, federal trade dress dilution, and unjust enrichment. Crosby & Higgins LLP was retained after the plaintiff sought an emergency temporary restraining order in federal court in Las Vegas that would have prohibited the client from selling its own products at an upcoming trade show. Working together with local counsel in Nevada and appearing pro hac vice, Crosby & Higgins LLP vigorously opposed the motion for the temporary restraining order, which was subsequently denied by the U.S. District Court.  Thereafter, Crosby & Higgins LLP answered, asserting various affirmative defenses including, among other things, that the trademark and trade dress at issue was functional in nature, contained generic terms and lacked any secondary meaning or distinctiveness in the marketplace. In addition, Crosby & Higgins LLP filed numerous counterclaims on behalf of its client, including claims for breach of contract, common law fraud, and defamation. After limited fact discovery, Crosby & Higgins LLP successfully negotiated a settlement on behalf of its client, resolving all claims and counterclaims between the parties, and the action was dismissed with prejudice.

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