Melissa A. Reinckens

Representative cases include:

False advertising, Trademark, Trade Secret and Copyright Litigation Matters

• KetoNatural Pet Foods, Inc. v. Hill’s Pet Nutrition, Inc. (a subsidiary of Colgate-Palmolive Co., et al.) (D. Kan.) – Prevailed on motion to dismiss false advertising and civil conspiracy class action claims with prejudice for Hill’s in lawsuit brought by grain-free dog food company KetoNatural seeking over US $2 billion in damages. Representing Hill’s in appeal before the 10th Circuit.
• GOLO LLC v. Amazon.com, Inc. et al. (D. Del.) – Lead trial counsel for Amazon in defense against GOLO for trademark infringement, counterfeiting, unfair competition, and false advertising. 
• Representing large technology company in NAD monitoring case regarding advertising related to AI capabilities. 
• Representing James Hardie Building Products, Inc. in NAD challenge commenced by Louisiana-Pacific Corp. over advertising claims about the fire- and water-resistant properties of its fiber cement siding.
• Nike, Inc. v. StockX LLC (S.D.N.Y.) – Representing Nike in trademark infringement and false advertising claims against StockX.
• Represented James Hardie Building Products, Inc. in NAD challenged against Louisiana-Pacific Corp. resulting in favorable decision from the NAD finding that all but one of the challenged advertising claims by LP should be discontinued or modified.
• GOLO LLC v. Goli Nutrition Inc. (D. Del.) – Served as lead trial counsel to Goli Nutrition in trademark infringement and false advertising litigation; obtained jury trial with a verdict for Goli in under 30 minutes.
• HP Inc. et al v. Wiseta, et al. (N.D. Cal) – Obtained a default judgment and consent judgments against online sellers in a significant trade dress infringement, false advertising, and unfair competition case regarding online sales of ink and toner.
• Represented ACON Laboratories, Inc. in a series of trademark infringement and anti-counterfeiting efforts related to the sale of Acon Labs’ FlowFlex COVID-19 tests.
• Represented Goli Nutrition in challenges before NAD regarding advertising related to advertising for its Apple Cider Vinegar and Ashwagandha gummy products.
• Kurin v. Magnolia Medical Technologies (S.D. Cal.) – Prevailed on summary judgment for client Magnolia in a Lanham Act false advertising dispute with decision affirmed by the Ninth Circuit.
• Illumina v. Rakuten Medical, Inc. (N.D. Cal.) – Represented Rakuten Medical in trademark infringement lawsuit resulting in favorable settlement.
• Chicago Mercantile Exchange v. Intercontinental Exchange (N.D. IL) – Lead trial lawyer defending Intercontinental Exchange (owner of the New York Stock Exchange) in a trademark infringement lawsuit filed by competitor seeking over $1 billion in damages; trial conducted under pandemic circumstances, including completing a month-long hybrid remote/live trial.
• Mott’s LLP v. Comercializadora Eloro, S.A. (owned by Jumex) (W.D. Tex.) – Lead trial lawyer defending Eloro in large trademark dispute over Kermato trademark resulting in favorable settlement.
• World Trade Centers Association Inc. v. The Port Authority of New York and New Jersey (S.D.N.Y.) − Defended the Port Authority of New York and New Jersey in trademark infringement action.
• Lisa Frank, Inc. v. The Orb Factory, Civil Action No. 15-cv-00433 (D. Ariz.) – Defended Orb Factory in a trade dress and copyright dispute that resulted in a favorable settlement during trial.
• Yeti Coolers, LLC v. Home Depot U.S.A., Inc. et al, Civil Action No. 17-cv-00342 (W.D. Tex.) – Defended Home Depot in a trade dress infringement case that resulted in a favorable settlement.
• Simoniz v. Dollar Shave Club, Civil Action No. 16-cv-00688 (D. Conn.) – Represented Dollar Shave Club, Inc. in a pretrial victory attained with a successful motion to dismiss on standing issues in trademark infringement case.
• Ghavamedinni v. AEG Facilities, LLC et al, Civil Action No. 17-cv-00112 (S.D. Cal.) – Defended AEG in a copyright infringement dispute that resulted in a favorable settlement.
• Lights Out Holdings, LLC v. Nike, Inc., Civil Action No. 14-cv-00872 (S.D. Cal.) – Defended Nike in a trademark infringement action relating to sports apparel.
• PaySys International, Inc. v. Atos SE, et al., Civil Action No. 14-cv-10105 (S.D.N.Y) – Represented Atos and Worldline in copyright infringement, trade secret misappropriation, breach of contract, and related tort action concerning credit card and payment processing software; secured pre-trial dismissal of all 11 causes of action brought under federal, state and foreign law.
• SurgiQuest, Inc. v. Lexion Medical, LLC, Civil Action No. 14-382 (D. Del.) – Represented SurgiQuest (now Conmed) in a Lanham Act false advertising case through trial involving medical devices used in minimally invasive surgery.
• Spanski Enterprises, Inc. v. Telewizja Polska S.A., Civil Action No. 12-cv-957 (D.D.C.) – Represented Telewizja Polska in copyright infringement relating to geo-blocking.
• Matrix v. Macy's Inc. et al (C.D. Cal.) – Represented Macy's in copyright infringement action relating to apparel fabric pattern that ended in a favorable settlement.
• French West v. Macy's Inc. et al (C.D. Cal.) – Represented Macy's in copyright infringement action relating to apparel fabric pattern that resulted in a favorable settlement.
• God, Gold and Moore, LLC, d/b/a Psycho Bunny v. Nike, Inc. (S.D.N.Y) – Represented Nike in lawsuit for trademark infringement and dilution by a men's fashion company in the United States District Court for the Southern District of New York. Successfully defeated Psycho Bunny's request for a Temporary Restraining Order and Preliminary Injunction and eventually obtained a successful settlement for Nike.
• Cambridge Pavers, Inc. v Fiber Composites, LLC et al. (D.N.J.) – Represented defendant Home Depot in trademark infringement action that resulted in a favorable settlement.
• Thoroughbred Legends, LLC v. Walt Disney Company, American Broadcasting Companies, Inc., ESPN Productions, Inc., and Orly Adelson Productions (N.D. Ga.) – Represented defendants in trademark and defamation action relating to a movie about the thoroughbred racehorse Ruffian.
• Samuel v. ESPN et al (D.S.C.) – Represented ESPN in copyright infringement action over graphics used during the 2010 FIFA World Cup. After a successful summary judgment motion, Plaintiffs appealed, and the decision was affirmed by the Fourth Circuit, and cert was denied by the Supreme Court.

Commercial Litigation Matters

• Representing Wyndham Hotels & Resorts, Inc. and franchisor defendants in numerous human trafficking lawsuits in federal courts throughout the U.S.
• CeriFi LLC v. Globant S.A. —Lead lawyer for Globant in a significant international commercial arbitration.
• ConMed Corp. v. AB Medica S.A.S. (N.D.N.Y.) – Represented ConMed in breach of contract dispute against AB Medica resulting in favorable settlement.
• Represented ConMed Corp. and its current and former landlords in actions in Cobb County and Douglas County, Georgia involving personal injury and related claims purportedly arising from or relating to exposure to Ethylene Oxide and obtained dismissal of all claims.
• Certified Collectibles Group, Inc. et al. v. Globant LLC et al. (M.D. Fla.)—Lead trial lawyer for Globant LLC and its parent entity in a commercial dispute, securing pretrial dismissal of eight causes of action brought under federal and state law.
• Aquino v. Integrated Surgical, LLC et al, Case No. 18CV322707 (Cal. State Court) – Represented Conmed in a litigation involving tortious interference with contract allegations resulting in favorable dismissal of claims.
• In re NCAA Student-Athlete Name & Likeness Litigation (N.D. Cal.) – Represented third parties ESPN and ABC involving the alleged misuse of the names and likenesses of current and former NCAA Division I student athlete football and basketball players.
• White House Black Market et al v. Caché, Inc., et al. (N.Y. State Supreme, N.Y. County) – Represented defendant Caché in theft of trade secret action relating to clothing concepts and designs.
• United Insurance Group Agency, Inc. v. Patterson et al. (Michigan State Court) – Represented plaintiff in theft of trade secret, breach of non-compete agreement and breach of fiduciary duty action.

Patent Litigation

• Valinge Innovation AB v. Halstead New England Corp., et al (D. Del.) – Represented defendants Halstead and Home Depot in a patent litigation involving vinyl flooring.
• Autoloxer LLC v. Sandvik Mining and Construction USA, LLC (E.D. Tex.) – Represented Sandvik in patent litigation that settled early and favorably for Sandvik.
• Represented Sandvik in offensive patent infringement action and invalidation proceedings against its biggest competitor in China related to slurry technology.
• Alvarado Orthopedic Research, L.P. et al v. Linvatec Corporation et al (S.D. Cal.) – Successfully defended ConMed Linvatec in a jury trial in patent licensing dispute regarding surgical saw blades in the United States District Court for the Southern District of California.
• Ethicon Endo-surgery, Inc. and Ethicon Endo-surgery, LLC v. Covidien, Inc. and Covidien, LP, (D. Ohio.) – Represented Covidien (now Medtronic) in patent litigation and obtained a favorable rulings in claim construction and summary judgment to defeat all nine asserted patents.
• Destination Maternity Corp. v. Target Corp. (Ed. Pa; PTAB) – Represented Destination Maternity in patent litigation and related Inter Partes Review concerning maternity apparel patents.
• Echo Design Group v. Arcadia Group Ltd. (S.D.N.Y.) – Represented defendant in patent litigation relating to touchscreen glove technology.
• Tyco Healthcare Group LP and United States Surgical Corporation v. Ethicon Endo-surgery, Inc. (D. Conn.) - Represented Tyco (now Medtronic) in a patent litigation concerning medical device technology in the United States District Court of Connecticut, resulting in an award of damages to Tyco.

• Co-author, "Do Athletes Have Rights of Publicity in Live Broadcast Footage?" The Licensing Journal, February 2015
• Co-author, "USA: Ninth Circuit Rejects EA’s 'Incidental Use' Defense in Madden-Related Right of Publicity Suit," Sports, Media and Entertainment Online, January 26, 2015
• Co-author, "Third Circuit Rejects EA's First Amendment Defense to College Athletes' Right of Publicity Claims," Sports, Media and Entertainment Online, May 28, 2013
• Co-author, "In re NCAA Student-Athlete Name & Likeness Licensing Litigation: Antitrust Plaintiffs' Motion for Class Certification Survives Defendants' Motion to Strike," Sports, Media and Entertainment Online, February 12, 2013