Klemchuk LLP Wins Order Against Motion To Dismiss Trade Dress Infringement Claim

DALLAS – Klemchuk LLP, a leading litigation, intellectual property (IP), and business law firm, announces Managing Principal Gary Sorden recently secured a win for client GeigTech East Bay LLC in a denial of a motion to dismiss a count for trade dress infringement in the case GeigTech East Bay LLC v. Lutron Electronics Co, Inc.

The order issued on November 29, 2018, by the Chief Judge in the U.S. District Court of the Southern District of New York states, “The Complaint before this Court is one of the best-pleaded examples of trade dress infringement claim I have ever reviewed.”

The case by GeigTech East Bay LLC (GeigTech) against Lutron Electronics Co, Inc. (Lutron) involves a trade dress claim comprised of the J Geiger Shading System. Defendant Lutron filed a motion to dismiss GeigTech’s trade dress infringement claim alleging GeigTech failed to articulate the specific elements of its trade dress. The Court denied Lutron’s motion and went on to indicate that not only did counsel for GeigTech adequately articulate its purported trade dress, but also sufficiently alleged its trade dress as nonfunctional, as well as sufficiently pleaded traditional nonfunctionality, secondary meaning, and likelihood of confusion.  The order can be downloaded here.

This win against a motion for dismissal is significant success in the early stages of this trade dress case. Gary Sorden, Managing Principal at Klemchuk LLP and attorney for GeigTech said, “Our firm works tirelessly for our clients including GeigTech and while we are pleased with the Court’s order, we look forward to the next phase of this case while continuing to serve GeigTech moving forward.”

Sorden is experienced in IP law and primarily focuses on commercial and intellectual property litigation in the areas of software, electrical, mechanical, semiconductor, and chemical technologies. Sorden earned a J.D. from Texas Tech School of Law, a M.S. in Engineering Management from Southern Methodist University and a B.S. in Computer Science from the University of Texas – Pan American.

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About the Firm:

Klemchuk LLP is a litigation, intellectual property, transactional, and international business law firm dedicated to protecting innovation. The firm provides tailored legal solutions to industries including software, technology, retail, real estate, consumer goods, ecommerce, telecommunications, restaurant, energy, media, and professional services. The firm focuses on serving mid-market companies seeking long-term, value-added relationships with a law firm. Learn more about experiencing law practiced differently and our local counsel practice.

The firm publishes Intellectual Property Trends (latest developments in IP law), Conversations with Innovators (interviews with thought leaders), Leaders in Law (insights from law leaders), Culture Counts (thoughts on law firm culture and business), and Legal Insights (in-depth analysis of IP, litigation, transactional, and international law).