NAMWOLF law firm member, Jayaram Law, won a big IP case last week!!!!
Following a two-week trial in SF (ND Cal.), the firm obtained a unanimous jury verdict in favor of their client Fortanix and against Fortinet in a trademark infringement case!
Fortinet originally sued their client in 2020, claiming that Fortanix’s use of its mark is likely to cause confusion in the broad #cybersecurity market in which both companies operate.
Fortanix’s primary defense turned on the sophistication of the relevant customers and intensity of the sales process. The jury ultimately agreed with Jayaram Law by rejecting all of Fortinet’s claims for lost profits and corrective advertising damages.
Their client Fortanix is a startup backed by investors like Intel Corporation and Goldman Sachs. Fortinet is a public company.
There are a lot of people who prosecute and litigate trademarks, but to try a likelihood of confusion case to a jury is a relatively unusual and unique experience that brings the Lanham Act to life. When your brand is on the line, you’ve got to be willing to defend it far beyond administrative proceedings. Anything less puts the brand at risk.
Big ups to the entire Jayaram Law litigation dream team, including Palak V. Patel (who tried the case with Vivek Jayaram), the unstoppable Liz Austermuehle, all-star Julia Broder, and some favorite alums, Michael Nosanchuk and Zahreen Ghaznavi!
Felicidades team Fortanix!
They were outnumbered and out-resourced, but none of that really ever matters when you develop a theme, stay focused, pívot when necessary, and always believe in your theory of your case!
✌🏾✌🏾✌🏾
#venturecapital #iplaw #lawyersforinnovators #startups #trademark