Client Results

Intellectual Property and Technology Litigation

  • DSMW enforced common law service mark and trade name rights of its client, a marketing and brand development firm, preserving the firm’s investment in its own brand, domain names and social media identity.  After filing a lawsuit, DSMW secured an agreement requiring the junior user to change its name and turn over confusingly similar social media and website domains.
  • DSMW enforced its client’s copyrights in cut-stone designs. DSMW filed a lawsuit, obtained compensation for the client and shut down the infringing use of copyrighted designs.
  • DSMW enforced common law service mark and trade name rights of a local home health care company when a national home health chain with a confusingly similar name and mark came to California, causing confusion and risking the local company’s complete loss of identity.  After filing suit, DSMW sought an injunction and ultimately secured an agreement for the national chain to change its name in California. 
  • DSMW enforced a well-known tire company’s rights by securing the transfer of a domain name containing its federally registered trademark.

Real Estate Litigation

  • In a case closely followed by New York Times columnist Gretchen Morgenson, DSMW represented a large regional broker/dealer and obtained an award denying all claims in a case involving the sale of over $1.2 million in tenants in common interests in a project in Florida to an 86 year old widow. Through the use of collateral state court litigation, DSMW was able to obtain discovery unavailable in the FINRA forum which proved decisive in obtaining an award in favor of DSMW's client.

Insurance Litigation

  • DSMW obtained additional $200,000 in policy benefits for homeowner who suffered fire at his business and his insurer had advised that his policy limits were exhausted.
  • DSMW obtained coverage and defense benefits for numerous clients whose insurers initially denied coverage and refused to defend third-party claims. 

Employment Litigation

  • DSMW obtained a settlement of $22.2 million in a wage and hour class action for employees of a large warehouse retailer who were denied meal and rest periods and required to work off-the-clock. 

Healthcare Litigation

  • DSMW obtained a settlement of $1.3 million in a class action on behalf of 66 physicians who were penalized in the form of reduced fees for refusing to enter into exclusive contracts with a medical group - a violation of California Health and Safety Code.