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Services Available
A broad range of experience
Our experience with consumer products includes both durable and nondurable goods and related services:
- Apparel, shoes, and accessories
- Automobiles and motorcycles
- Books and publishing
- Consumer electronics and software
- Cosmetics and health products
- Food and beverage
- Home goods
- Media and entertainment
- Pharmaceuticals
- Recreational and sports equipment
- Tires and auto parts
A diverse client base
We work with innovative clients of all sizes, including Fortune 100, Global 1000, and public and private organizations in the broad consumer products industry. Our clients include:
- ABC Television
- ATP Tour
- Baby Einstein Company
- babystyle
- Bausch and Lomb
- BBC
- Body Shop International
- Cirque du Soleil
- Coca-Cola Company
- Disney
- Eli Lilly and Company
- Fuente Cigars
- Games Workshop
- Gap
- Harley-Davidson
- Head
- Sony
- Starbucks
- Toshiba
- Toyota
- Welch’s
- Wyeth
Representative Engagements
A reversal of a $70+ million judgment against Mattel and popular “Hot Wheels” toys
Jerome Lemelson had brought an infringement suit alleging that Mattel’s “Hot Wheels” toys—one of the most commercially successful toys in history—infringed one of his many patents. A jury verdict of infringement resulted in a judgment of over $70 million in damages and interest. Representing Mattel on appeal, we convinced the Federal Circuit that Mattel’s “Hot Wheels” toys did not infringe Lemelson’s patent as a matter of law. The court concluded that no reasonable jury could have found the patent claim to be both valid over the prior art and infringed, and therefore reversed the judgment against Mattel in its entirety.
Asserting a patent on computerized recognition of handwriting
Xerox Corporation called on Finnegan after a district court found that 3Com/Palm’s line of personal digital assistants (commonly called “Palm Pilots”) did not infringe its patent. We secured a reversal of the district court’s claim construction, which led to a finding of infringement and entry of judgment for Xerox on remand. In a second appeal, we succeeded in obtaining an affirmance of the infringement finding.
Cirque du Soleil maintains its good name
Cirque du Soleil turned to Finnegan when its brand name was misused in advertising. We obtained a temporary restraining order enjoining a nightclub from falsely advertising that Cirque du Soleil would be performing at the club’s New Year's Eve party.
IP counsel to a global electronics innovator
Toshiba is one of Finnegan’s long-standing clients. The firm prosecutes hundreds of U.S. patent applications per year in various technologies, including computers, communications, electronics, semiconductors, and business methods. Toshiba turns to us for strategic advice and opinions regarding their extensive patent portfolio.
Keeping Disney’s name secure on the internet
Finnegan successfully prosecuted an in rem action under the ACPA on behalf of Disney against 35 domain names owned by 24 different registrants, obtaining consent judgments from 22 of the domain name defendants and default judgments against the remaining defendants.
Overturning a damage award of nearly $20 million involving a novelty beach item
When Walgreen Co. faced a damage award of nearly $20 million, including prejudgment interest, for infringement of a patent on a “head chair,” the company turned to Finnegan. Although Walgreen had sold only $220,000 of the product, a jury awarded over $1 million in lost profits and another $10 million in future lost profits, which grew to nearly $20 million with interest. On appeal, the Federal Circuit agreed with our argument that the jury award, and the expert testimony on which it was based, was so speculative that it could not stand. The court granted a remittitur, reducing the damage award to $220,000—the amount of actual sales—and further reversed the award of prejudgment interest as it was based on future sales that had not occurred.
Patent pooling in standards arena
We assisted our client in developing and negotiating an arrangement for pooling essential patents for an adopted standard. We created contracts by which the client became the agent for the patent owners in granting licenses to all applicants on a RAND basis.
Protecting one of the most recognized global marks-the STARBUCKS trademark
Starbucks is a household name with thousands of retail locations across the globe and a brand that extends well beyond coffee. Finnegan successfully opposed an application for the mark LESSBUCKS COFFEE for coffee, tea, and coffee- and tea-based beverages and related retail locations. We obtained a ruling that the STARBUCKS trademarks is a famous mark entitled to a broad scope of protection, and that the LESSBUCKS mark was likely to cause confusion.
Protecting the patents of a household name
The market for high-end, large-capacity, technologically advanced washing machines is intensely competitive. When LG entered the U.S.market, Whirlpool, Maytag, and Fischer & Paykel each sued LG, claiming LG’s washers infringed their patents. Not one prevailed, and LG remains in this important market. In each case, we employed an aggressive pretrial strategy based on team work. The asserted Fischer & Paykel patent stands rejected in a reexamination. The Maytag case was settled, as were two other infringement actions between Whirlpool and LG. In the third Whirlpool action, the judge granted summary judgment of no infringement on one patent and invalidity of the other patent.
Protecting the trademark of a household name
When LG’s “Life’s Good” and “LG Life’s Good” corporate taglines were challenged, the company turned to Finnegan. On the eve of the trial, the plaintiff agreed to dismiss with prejudice all claims. The “Life’s Good” campaign and mark continue to run globally for a wide range of products. The firm has also protected and defended some of LG’s most critical patents.
Reversal of a $36 million judgment against a world leader in personal care, Conair
After a jury verdict against Conair for infringement of a patent on a safety mechanism in a hairdryer, the district court increased the damages and entered a judgment of over $36 million. On appeal, Finnegan achieved a total victory for Conair by obtaining a reversal of the infringement finding in the Federal Circuit.
Stopping the unauthorized sale, distribution, and importation into the U.S. of gray-market soft drinks
Beverage giant AMBEV filed suit against Express Foods, Inc. and Paulmar Inc. (“Defendants”) seeking relief from Defendants’ unauthorized sale, distribution, and importation into the U.S. of gray-market GUARANA ANTARCTICA soft drinks from Brazil, the most popular soft drink in Brazil. AmBev asserted claims for copyright infringement, trademark infringement, and unfair competition. AmBev prevailed and obtained a consent judgment, which permanently enjoined Defendants from importing, offering for sale, and distributing any GUARANA ANTARCTICA products other than GUARANA ANTARCTICA products made by AmBev specifically for the U.S. market (i.e., non-gray-market products).
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