Textile trademark infringement claim defeated
Our Client: A manufacturer and retailer of textiles for the bedding industry based in Western Canada.
Where we began: Our client was facing a trademark infringement claim for millions of dollars in damages as well as demands that our client stop using the trademark.
Our approach: Neil Kathol argued his client had named its product using ordinary words common to the bedding industry. When the other side stubbornly dug in its heels, Neil created a 17-volume affidavit that documented over 500 references to the industry's use of the words in question. "We put the affidavit on the doorstep of the courthouse for entering into the public realm where, if the matter didn't resolve, all others in the industry also using those words could rely on that same evidence."
The result: The plaintiff agreed to mediation, which reversed the "who-pays-who" dynamic and led to a very favorable outcome for our client. As Neil put it, "A creative, strategic, team approach and hard work meant that our client obtained an outstanding settlement, so favourable that the other side required it be kept confidential lest other competitors find out."