RObert MCKinley Representative Cases

I.M. Wilson v. Grishko, Ltd – Represent defendant/counter-claim plaintiff and world-famous Ballet Pointe Shoe manufacturer Nikolay Grishko in a trademark infringement dispute arising out of a former distributor’s use of my client's famous Grishko trademark. Attorney McKinley, along with his team successfully defended Plaintiff’s request for a preliminary injunction in August 2019. This case was settled in November 2022.

Villanova University v. Villanova Alumni Educational Foundation – Represented Villanova University in a lawsuit against its former booster club in which the University sought a preliminary injunction to prevent the club from using the names “The Wildcat Club” and “Villanova Alumni Educational Foundation” and variations thereon although the club had done so for 25 years without a written license. Accepting the University’s argument that a licensing agreement should be implied, after a full evidentiary hearing, the court granted the injunction.

A&H Sportswear Inc. v. Victoria’s Secret Stores, Inc. – Member of the trial/appeal team for A&H Sportswear in a trademark dispute regarding Victoria’s Secret’s use of the mark MIRACLE BRA for swimsuits and lingerie. After seven years of litigation, the Court ultimately granted injunctive relief to A&H Sportswear prohibiting Victoria’s Secret from using the mark in connection with swimwear. Represented A&H Sportswear during the post-decision damages phase of the case along with former Third Circuit Court of Appeals Judge Arlin Adams, after which the parties negotiated a settlement permitting Victoria’s Secret to continue use of the MIRACLE BRA mark on swimwear.

Planet Hollywood v. Hollywood Casino – Defense of Hollywood Casino in a trade dress infringement case in which Planet Hollywood alleged it suffered $300 million in damages as a result of Hollywood Casino’s use of a Hollywood theme in its casinos in Mississippi, Louisiana and Illinois. After several days of testimony, the district court denied Planet Hollywood’s claim for relief in its entirety.

Berkshire Properties v. Berkshire Hathaway et al. — Represented plaintiff in a lawsuit against Berkshire Hathaway and its related companies in Federal Court for reverse trademark infringement, unfair competition, and violation of the New Jersey Consumer Fraud Act. The Complaint was reported in the national publication Law360 in January 2016. The case was settled in November 2016.

The Steak Umm Company v. Steak ‘Em-Up, Inc. – Successfully represented the defendant (grocery/sandwich shop chain Steak ‘Em Up) in a multi-count trademark infringement lawsuit brought by the Steak Umm Company (a national seller of frozen steak and hamburger products). After a bench trial in October 2011, the court found that 9 of the 10 factors relevant to an infringement determination weighed in favor of defendant and that the evidence overwhelmingly supported that conclusion. See The Steak Umm Company v. Steak ‘Em-Up, Inc., 2012 WL 1231875 (E.D. Pa, April 11, 2012), reported in the Legal Intelligencer, April 17, 2012, and the Philadelphia Daily News, April 24, 2012.

Power Home Remodeling Group v. PowerHome Solar - Represented defendant in a fiercely contested litigation over the right to use the unitary mark POWERHOME for solar goods and services in Federal Court in the Eastern District of Pennsylvania.   The case was settled in the first quarter 2022 on terms favorable to the client. 

Campbell v. Brickworks North America Corporation - Represented Plaintiff, owner of the U.S. Trademark Registration for BRICKWORKS, in a trademark infringement litigation in the U.S. District Court for the Eastern District of Michigan against an international brick manufacturer seeking to enter the U.S. market using the BRICKWORKS trademark.  Case settled favorably for the client in July 2022.   

Master Group, Inc. v. Li Yuan, Inc. (Master Wok) – Represented Missouri-based restaurant chain, Master Wok, in a trademark infringement action brought by the owner of a federal trademark MASTER WOK for restaurant services. Leveraging defendant’s superior “common law” rights to the brand, we settled the case in 2016 and secured a 25-mile radius of exclusivity for our client to continue to use and expand its Master Wok brand.

American Airlines, Inc. v. Applied Card Systems, Inc. – Represented respondent, Applied Card Systems in a trademark opposition proceeding brought by American Airlines. American sought to oppose Applied Card Systems’ federal registration of the trademark APPLIED ADVANTAGE in view of its federal registrations for several AADVANTAGE trademarks. After three years of litigation, the parties reached a settlement where American Airlines withdrew its opposition and the APPLIED ADVANTAGE mark proceeded to registration.

Dorland Corporation v. Dorland Data Networks – Represented plaintiff in a trademark infringement action in which plaintiff sought a preliminary injunction to prevent defendant from using the marks “DORLAND” or “DHI” for advertising agency services. After a brief discovery period, the court entered a stipulation requiring the defendant to cease its use of such marks for such services.

Chiswick, Inc. and Russell & Miller Inc. v. S. Walter Packaging Corporation – Defense of S. Walter Packaging in a dispute over the domain name “bagsandbows.com.” Chiswick filed a complaint with the National Arbitration Forum claiming common law rights to the mark “BAGS & BOWS” and requested that the Forum transfer the domain name “bagsandbows.com” from S. Walter Packaging to Chiswick. In a unanimous decision, the three-member panel denied Chiswick’s request.

Donald C. Wong DBA Master Group, Inc. v. Li Yuan, Inc. – Represent Missouri-based defendant, Li Yaun Inc., in a trademark infringement action brought in a New York District Court related to the mark MASTER WOK for restaurant services.

SkinScience Labs, Inc. v. Perfume Emporium, Inc., et al. — Represent defendant Perfume Emporium in a trademark counterfeiting case related to DR. DENESE skin care products. Settled on terms favorable to the client.