Press Releases
June 10, 2008
For Immediate Release
Briese Germany Granted Preliminary Injunction Against Briese USA in Trademark Infringement Lawsuit
-- Sheldon Mak & Anderson represents high-end photographic lighting manufacturer in closely watched intellectual property litigation --
Pasadena, CA - The United States District Court, Central District of California issued a preliminary injunction restraining Briese USA, Inc. (Briese USA) and several other parties from using the trademark "Briese" except for where it already appears on the high-end photographic lighting equipment originating from the German-based company Briese Lichttechnik Vertriebs GmbH (Briese Germany). The injunction was granted by U.S. District Judge George King. Robert Schroeder, a litigator with the intellectual property firm Sheldon Mak & Anderson PC, represented Briese Germany as the Defendants/Counterclaimants in the complex trademark infringement lawsuit.
"This decision is noteworthy for several reasons," said Mr. Schroeder who has represented Briese Germany for many years. "First, preliminary injunctions are an extraordinary remedy and hard to obtain. Also, the injunction is against the plaintiff, Briese USA, who initiated the suit. It was also granted about a year after the initial lawsuit was filed, which is also unusual." SMA attorney Eric Bjorgum also participated in the litigation.
The initial trademark lawsuit was filed by Briese USA against Briese Germany. Briese USA rents out the Briese Germany lighting equipment in the United States, and claimed there was an oral agreement regarding the use of the trademark in the U.S. Briese USA claimed that Briese Germany breached the agreement, and had no right to the use of the "Briese" mark in the United States because the value of the mark was only established in this country through the work of Briese USA. Briese USA also threatened to sue, and has sued Briese Germany's clients for inducing and participating in the breach of the alleged oral contract. Briese Germany countersued to enjoin Briese USA from using the "Briese" trademark.
"Hans-Werner Briese, the inventor and manufacturer of the Briese lighting equipment, has devoted his life to building his brand through the extraordinary quality of the Briese equipment," said Mr. Schroeder. "It's satisfying to see that he will be able to protect the use of his mark in this country."
Sheldon Mak & Anderson PC provides legal services in the areas of patents, copyrights and trademarks, trade secrets and IP-related litigation, both here and abroad to emerging and established businesses in an array of industries. Headquartered in Pasadena, the firm has offices in Upland, Riverside and Ventura.
Sheldon Mak & Anderson
100 Corson Street, Third Floor
Pasadena, California 91103
P:(626) 796-4000; F:(626) 795-6321
www.usip.com
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