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Intellectual Property
Trademark Infringement
False Designation of Origin

Mophie Inc. v. Dharmesh Shah aka David Shah dba Source Vista; Livingsocial Inc.; Serve Global LLC dba Sourcevista.com

Published: Feb. 28, 2015 | Result Date: Dec. 19, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 8:13-cv-01321-DMG-JEM Verdict –  $10,000,000

Court

USDC Central


Attorneys

Plaintiff

Nicole R. Townes
(Knobbe Martens)

Sheila N. Swaroop

Steven J. Nataupsky
(Knobbe, Martens, Olson & Bear LLP)

Paul A. Stewart


Defendant

Dariush Adli
(ADLI Law Group)

Laura A. Wytsma


Facts

Mophie Inc. sued Dharmesh Shah, LivingSocial Inc., and Serve Global LLC for trademark infringement and related claims.

Prior to a jury trial, the court ruled that LivingSocial was not liable for any of Mophie's allegations, and dismissed all claims against LivingSocial.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that it designed and developed various protective battery case products for smartphones, including the iPhone sold by Apple Inc. Plaintiff alleged that these products included the "juice pack," the "juice pack plus," the "juice pack air," and the "juice pack pro." Plaintiff also alleged that it sold its battery case products in distinctive product packaging, using distinctive trade dress. Plaintiff contended that the defendants sold various counterfeit battery case products that infringed plaintiff's patents, trademarks, copyrights, and trade dress.

DEFENDANTS' CONTENTIONS:
The defendants denied the allegations of plaintiff's claims and asserted various affirmative defenses.

Result

Prior to a jury trial, the court ruled that Shah and Serve Global infringed plaintiff's copyrights relating to packaging and user's manual for plaintiff's juice pack products. The court also ruled that Shah and Serve Global infringed plaintiff's juice pack plus trademark. At trial, the jury found that Shah and Serve Global infringed various other trademarks and trade dress and engaged in acts of unfair competition. The jury awarded plaintiff $10,000,000 total in damages.

Other Information

FILING DATE: Aug. 26, 2013.


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