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On behalf of client Emerson Radio Corporation (Emerson), a team of Stevens & Lee litigators led by Mark H. Anania (Co-Chair, Intellectual Property), Karl S. Myers (Co-Chair, Appellate), Stacey A. Scrivani (Co-Chair, Litigation Department), Kristen M. Smith (Associate, Intellectual Property) and Peter J. Adonizio, Jr. (Associate, Litigation/Appellate) earned an appellate win before the U.S. Third Circuit Court of Appeals affirming a permanent injunction stopping defendants Emerson Quiet Kool, Home Easy, and others from infringing our client’s EMERSON® brand.
In April 2022, the U.S. District Court for the District of Delaware granted an eve-of-trial default judgment in favor of Emerson Radio and awarded $6.5 million in wrongful profits, a permanent injunction, cancellation of the defendants’ registered trademark, among other relief. Defendants sought a stay of the order before both the District of Delaware and the Third Circuit. Stevens & Lee got both motions denied.
Defendants then proceeded to appeal the injunction on the merits to the Third Circuit. On appeal, represented by Troutman Pepper, the appellants argued that the default judgment was unprecedented, inappropriate, and extreme. The Third Circuit disagreed and credited Stevens & Lee’s arguments that “although defendants have a meritorious defense, the prejudice to Emerson and defendants’ culpable conduct warranted the entry of default judgment.”
This favorable decision highlights the strength of Stevens & Lee’s multifaceted platform and demonstrates how attorneys from different teams can leverage their individual experiences to yield tremendous results for our clients.
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