JONATHAN WOODARD

Lawsuits / Litigation

Intellectual property disputes are litigated in various channels and forums, whether through cease-and-desist demands, proceedings before the U.S. Trademark Trial and Appeal Board, or U.S. District Courts. Mr. Woodard takes a strategic and pragmatic approach in every case, and has secured victories for both plaintiffs and defendants in various actions. Below are just a handful of the many published decisions that Mr. Woodard has been involved:.

EWC P&T, LLC advs. Boigris, 7 F.4th 1079 (11th Cir. 2021) – represented the owner of the European Wax Center intellectual property and obtained summary judgment in a U.S. Trademark Trial and Appeal Board proceeding; then obtained summary judgment and an award of damages for cybersquatting when the opposing side appealed to federal court; the 11th Circuit then affirmed the summary judgment ruling on the cybersquatting claim.

Merit Diamond Corporation v. Sears Roebuck & Co, Kmart Operations, LLC et. al. (S.D. Fla.) – obtained a monetary judgment against multiple Defendants in a copyright infringement lawsuit on behalf of a national jewelry designer and manufacturer.

P&L Sales Group, Inc. v. Twisted Brands, LLC, et. al, Case No. 20-cv-00810 (D. Nev. March 23, 2021) – obtained a favorable ruling by the court, granting motion to dismiss and transferring the case.

Salt Life, LLC v. Shaka Life, Inc., 2018 U.S. Dist. LEXIS 225879 (M.D. Fla. Nov. 30, 2018) – obtained a favorable ruling by the court, granting motion to dismiss and transferring the case.

Copyrights

Mr. Woodard’s practice includes copyright protection and enforcement, as well as defending individuals and businesses accused of infringement. Copyrights protect works of authorship, such as books, photographs, paintings, musical compositions, architectural drawings, and computer programs. The owner of a copyright has the right to control the reproduction and publication of the work, among other things. Under the current law in the United States and most other countries, copyright protection arises upon completion of a work of authorship.

However, it is important to promptly file a copyright application, as a timely registration constitutes prima facie evidence of the validity of the copyright, and allows for the potential recovery of statutory damages and attorney fees.