Melissa A. Reinckens

Representative cases include:

False advertising, Copyright, Trademark, and Trade Secret Litigation

• Kurin v. Magnolia Medical Technologies, Civil Action No. 18-cv-01060 (S.D. Cal.) – Representing defendant and counterclaimant Magnolia in a Lanham Act false advertising dispute
• World Trade Centers Association Inc. v. The Port Authority of New York and New Jersey, Civil Action No. 15-cv-07411 (S.D.N.Y.) − Defending 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 that 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 defendant 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 defendant 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

Patent Litigation

• Valinge Innovation AB v. Halstead New England Corp., et al, Civil Action No. 16-cv-1082, (D. Del.) – Representing 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, Civil Action No. 11-cv-00246 (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

Other commercial Litigation

• Aquino v. Integrated Surgical, LLC et al, Case No. 18CV322707 (Cal. State Court) – Representing Conmed in a litigation involving tortious interference with contract allegations
• 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

• 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