Michelle LaVoie Wisniewski

Practice Details

• Firm Information
  Position

  Associate

  Firm Name

  Sheppard Mullin
• Representative Cases & Transactions
  Cases

  Experience: Representative Matters: Successfully represented Respondent Hana Bank before the United States Supreme Court in a trademark infringement matter, with an emphasis on written advocacy. Hana Financial v. Hana Bank, 574 U.S. 418 (2015). In a unanimous decision, the Supreme Court resolved a Circuit split involving the doctrine of trademark tacking to uphold the Ninth Circuit Court of Appeal's decision favoring Respondent.
  Represented Hana Bank in the same matter before the Ninth Circuit Court of Appeals, 735 F.3d 1158 (9th Cir. 2013), wherein the court upheld a unanimous jury verdict
  final defense judgment favoring Hana Bank. Hana Financial, Inc. v. Hana Bank (C.D. Cal. Case No. CV07-1534-PA).
  Represented a well-known electronics company in a proceeding before the Trademark Trials
  Appeal Board, obtaining a favorable trial decision preventing petitioner from cancelling the client's trademark in light of its transitioned use from one product to a related product over time. Sony Mobile Comm'n Inc. v. VIZIO, Inc. (T.T.A.B. Proceeding No. 92/070,572).
  Represented an entrepreneurial beverage company to obtain injunctive relief before the Ninth Circuit Court of Appeals
  the Central District of California in Innovative Beverage Concepts, Inc. v. Ames International, Inc. (C.D. Cal. Case No. CV-04-00562-CJC
  9th Cir. Case No. 05-55459).
  Secured district court summary judgment ruling of non-infringement in favor of the defendant to a trademark infringement matter in Hana Financial, Inc. v. Hana Bank (C.D. Cal. Case No. CV07-1534-PA).
  Assisted in obtaining Ninth Circuit Court of Appeals approval of summary judgment award in favor of a high-tech defendant in a trade secret misappropriation matter in Wyatt Technology v. Smithson, et al (9th Cir. Case No. 06-56470).
  Obtained favorable summary judgment ruling that trademark counterfeiting liability was non-dischargeable through bankruptcy in Taylor Made Golf Company Inc. v. Han (2:06-ap-01193-BR).
  Helped procure transfer of domain name on behalf of a medical device company who had fallen victim to a phishing fraud through the registration
  use of a domain name incorporating its trademark in Beckman Coulter, Inc. v. Wilson (WIPO Case No. D2010-1163).
  Other representations include negotiating a favorable settlement of trademark litigation for a large retail defendant after highlighting the weaknesses in plaintiff's damages claim upon summary judgment, successfully defending an online auction site against liability for third party user conduct,
  obtaining dismissal of a copyright litigation matter against a prominent online service provider based on the activities of its users.