WWHGD IP Attorneys Prevail in High-Stakes Trademark Infringement Arbitration Proceedings
WWHGD’s client, a medical products manufacturer, was sued for trademark infringement based on the client’s continued use of the claimant’s trademark after the expiration of an underlying licensing agreement. The trademark at issue related to an orthopedic foot and ankle brace used to treat plantar fasciitis. WWHGD tried at length to settle with the claimant, arguing the client’s use was inadvertent and minimal, but the claimant insisted on proceeding with an AAA arbitration in New Jersey. The arbitration was conducted remotely via Zoom over five days in October of 2021. At the hearing, the claimant sought damages of between $17 million and $34 million. Following the hearing’s conclusion, the parties engaged in several rounds of post-hearing submissions. In late July 2022, the three-person panel issues its unanimous award holding that the Defendant did not infringe the claimant’s trademark and denying all of Plaintiff’s claims.