Swanson, Martin & Bell, LLP Wins Summary Judgment in IP Case
Swanson, Martin & Bell, LLP recently won summary judgment immediately prior to trial in a complex intellectual property case in the United States District Court for the District of Colorado.
Partner P. Stephen Fardy and Associates Keely Lewis Wise and Jonna McGinley Reilly represented the defendants, a manufacturer and distributor of outdoor recreation equipment, sued for trade dress and copyright infringement related to the parties’ competing red polymer tipped airgun pellets. Defendants argued, and the Court agreed, that the plaintiff’s red polymer tip was not entitled to trade dress protection and that the plaintiff failed to establish any ascertainable copyright infringement damages. Defendants were further awarded their costs in this matter.
Partner P. Stephen Fardy and Associates Keely Lewis Wise and Jonna McGinley Reilly represented the defendants, a manufacturer and distributor of outdoor recreation equipment, sued for trade dress and copyright infringement related to the parties’ competing red polymer tipped airgun pellets. Defendants argued, and the Court agreed, that the plaintiff’s red polymer tip was not entitled to trade dress protection and that the plaintiff failed to establish any ascertainable copyright infringement damages. Defendants were further awarded their costs in this matter.
