Cases
Experience: On Repeat BV v. Goose, LLC - Represented U.S. b
Goose in dispute with Belgian b
named GOOSE
EBIN New York, Inc. v SIC Enterprise, Inc. - Successfully obtained summary judgment on plaintiff's claims that client SIC infringed plaintiff's trade dress in a hair product container
Fotohaus, LLC v. ETF Flows, LLC - Represented ETF Flows in copyright infringement lawsuit based on alleged use of copyrighted image on client's website
Manhattan Hosiery Co. v. Metro-Goldwyn-Mayer Stud. Inc. - Represented MGM in dispute related to its famous ROCKY trademark
Slayer Forever LLC v. Bubs IP Pty Ltd. - Represented Australian baby formula company Bubs in trademark dispute with U.S. supplement company
Emoji Company GmbH v. Mattel, Inc. - Represented Mattel, Inc. in lawsuit alleging infringement of EMOJI trademarks
F.N.B. Corporation v. NuBridge Commercial Lending LLC et al - Represented NuBridge in lawsuit alleging infringement of NEWBRIDGE trademarks
Pasadena Tournament of Roses Ass'n v. City of Pasadena - Successfully moved to dismiss, inter alia, plaintiff's trademark claims related to client City of Pasadena's allegedly infringing Instagram posts
United Artists Corp. v. United Artist Studios LLC - Successfully obtained permanent injunctive relief
an award of damages
attorneys' fees totaling nearly $1 million on behalf of United Artists Corp.
Deus ex Machina Motorcycles Pty. Ltd. v. Metro-Goldwyn-Mayer Inc. - Successfully obtained dismissal of trademark claims brought by plaintiff relating to client MGM's The Sun Is Also a Star motion picture
Just Goods, Inc. v. Just, Inc. - Successfully settled case for client Just Goods, Inc.
subsequently obtained findings of contempt for defendant's breach of the parties' settlement agreement
breach
contempt findings AFFIRMED by the Ninth Circuit
Bad Moms, LLC v. STX Financing, LLC - Successfully settled case for STX Financing, LLC in action related to the Bad Moms motion picture franchise
Fifty-Six Hope Road Music Ltd. v. S
al Factory, Inc. - Prevailed in TTAB proceeding opposing registration of defendant's GNARLY MARLEY'S mark.
James Todd Smith v. Guerilla Union, Inc. - Obtained default judgment in favor of plaintiff pka LL Cool J for infringement of his ROCK THE BELLS mark.
In re Shabby Chic Br
s, LLC - Effectively obtained reversal of Trademark Trial & Appeal Board's refusal to register client's mark based on 15 U.S.C. 1052(b).
Concorde Battery Corporation v. Air 1st Aviation Companies, Inc. - Trademark Trial & Appeal Board case
obtained settlement on behalf of client whereby defendant agreed to ab
on a trademark application
amend the goods of its registration.
Mycoskie, LLC v. Ebuys, Inc. d/b/a Shoe Metro - Settled case for defendant internet shoe retailer - accused of copyright infringement - for a fraction of plaintiff's original dem
.
Huf Worldwide, LLC v. Wal-Mart Stores, Inc. - Successfully obtained dismissal pursuant to FRCP 12(b)(6) on plaintiff shoe manufacturer's trademark infringement
counterfeiting claims.
Scat Enterprises, Inc v. FCA US LLC - Defended Big 3 automaker against infringement claims brought by performance auto parts manufacturer.
Verwest v. T-Mobile USA, Inc. - Represented DJ Tiesto in proceeding against T-Mobile before the Trademark Trial & Appeal Board.
Icon Laser Solutions v. Macy's - Obtained successful
efficient settlement of patent claims against client at the advent of litigation.
Rohn v. CafePress - Obtained successful
efficient settlement of trademark claims against client at the advent of litigation.
Fifty-Six Hope Road Music Limited v. A.V.E.L.A., Inc. - Successfully obtained jury verdict on Lanham Act false endorsement claim for client, the heirs of Bob Marley, against defendant for its unauthorized use of Bob Marley's image on clothing
other merch
ise.
Summit Entertainment, LLC v. B.B. Dakota, Inc. - Successfully obtained summary judgment for client, the producer of the Twilight motion pictures, on claims of trademark infringement, false endorsement,
copyright infringement against clothing manufacturer for its use of the TWILIGHT trademark
movie artwork in conjunction with one of its products.
Bath & Body Works Br
Management, Inc. v. Summit Entertainment, LLC - Successfully defeated summary judgment motion filed by declaratory judgment plaintiff claiming non-infringement of client's Twilight series of motion pictures by plaintiff's br
TWILIGHT WOODS.
Summit Entertainment, LLC v. Topics Entertainment, Inc. - Successfully obtained preliminary injunction of infringing motion picture.
Matheu v. Wood - Defended musician
painter Ron Wood against allegations of copyright infringement.
Summit Entertainment, LLC v. Preferred Fragrance, Inc. - Obtained judgment for client against seller of infringing fragrance products.
RCRV, Inc. v. Express, Inc. - Defended national clothing retailer
clothing designer against allegations of trademark infringement.
Lions Gate Entertainment Inc. v. Yagoozon, Inc. - Obtained settlement, including stipulated judgment with permanent injunction, on behalf of client against online seller of infringing merch
ise.
Mr. Bost has been counsel of record on a number of cases that have been the subject of reported decisions, including: Dean v. Kaiser Found. Health Plan, Inc., 562 F. Supp. 3d 928 (C.D. Cal. 2022) (granting defendant's motion to dismiss
motion to strike
awarding attorneys' fees)
Fifty-Six Hope Road Music, Ltd. v. A.V.E.L.A., Inc., 778 F.3d 1059 (9th Cir. 2015) (affirming jury verdict for client on Lanham Act claims based on infringement of Bob Marley's identity
persona)
Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A. de C.V., 247 F. Supp.3d 76 (D.D.C. 2017) (disposing of defendant's various post-trial motions)
Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A. de C.V., 188 F. Supp.3d 22 (D.D.C. 2016) (order on bench trial entering judgment for client for claim of declaratory judgment of non-infringement
claim that defendant infringed client's design mark)
Bath & Body Works Br
Management, Inc. v. Summit Entertainment, LLC, 7 F. Supp.3d 385 (S.D.N.Y. 2014) (summary judgment denied in favor of client Summit Entertainment, LLC)
Fifty-Six Hope Road Music, Ltd. v. A.V.E.L.A., Inc., 915 F. Supp.2d 1179 (D. Nev. 2013) (client Fifty-Six Hope Road Music, Ltd. awarded attorneys' fees on Lanham Act claims)
Summit Entertainment, LLC v. B.B. Dakota, Inc., 2011 U.S. Dist. LEXIS 151582 (C.D. Cal. Nov. 21, 2011) (summary judgment granted in favor of client Summit Entertainment, LLC on claims for trademark infringement, false designation of origin, unfair competition,
copyright infringement)
Fifty-Six Hope Road Music, Ltd. v. A.V.E.L.A., Inc., 688 F. Supp. 2d 1148 (D. Nev. 2010) (client Fifty-Six Hope Road Music, Ltd.'s Lanham Act claims based on infringement of Bob Marley's identity
persona upheld)
