Stuart R. Dunwoody

Action under Foreign Sovereign Immunities Act to recover Pissarro painting looted by Nazis from plaintiff's grandmother in 1939 and now held by the Thyssen-Bornemisza Museum in Madrid. The Court of Appeals for the Ninth Circuit upheld en banc the district courts' denial of defendants' motion to dismiss, holding that they are subject to suit under the immunity exception for claims involving property taken in violation of international law. Defendants' petition for certiorari was denied, and the case is now back in the Central District of California. (Ongoing)

Representing Leatherman Tool Group in a false advertising claim against its competitor Coast Cutlery for false statements made by Coast regarding the steel used in its knives. (Ongoing)

Assertion of patent infringement claims on behalf of ARB Corp., designer and manufacturer of equipment for off-road vehicles. (Ongoing)

Prosecution of infringement claim for patent covering ergonomic bicycle seat and defense of false marking counterclaim. Successfully settled after obtaining favorable claim construction ruling. (2011)

Represented Frank Russell in a declaratory judgment action seeking confirmation of Frank Russell’s right to use the term “factor” as part of the name of an exchange traded fund. Case successfully settled. (2011)

Successfully defended commercial fishery supplier against infringement claim involving patent covering multicolored fishing net. (2011)

Defense of false patent marking claims against software developer; obtained transfer of case from Eastern District of Texas to Western District of Washington, and then successfully settled. (2011)

Defended Clearwire in a trademark infringement claim involving the mark RovAir for wireless broadband services. Case successfully settled. (2011)

Represented the leading manufacturer of playing cards in eight consolidated trademark opposition and cancellation proceedings in the United States, Canada and Singapore challenging card back designs used by a competitor, Angel Playing Cards, and defending against a cancellation counterclaim. Case successfully settled. (2009-2011)

Representing Leatherman’s subsidiary Zweibrüder Optoelectronics in a dispute with Coast, Zweibrüder’s former distributor of LED lights, over ownership of trademarks and unfair competition. (2011)

Defended the U.K., Canadian, and U.S. publishers of Penguin Books, and their corporate parent, against a copyright infringement claim in Alaska arising from use of photo on the cover of a book that had not been published or sold in the U.S. The case settled satisfactorily after extensive jurisdictional discovery and filing and arguing a motion to dismiss for lack of personal jurisdiction. (D. Alaska 2010)

Represented third-party defendant University of Miami against claims of indemnification, contribution, breach of contract, and negligence, in action by plaintiff for copyright infringement and breach of license agreement arising out of alleged unauthorized copying of software. Obtained favorable settlement among all parties before client incurred significant discovery and litigation expenses. (2010)

Represented the world's leading provider of stock photography in arbitration and litigation with two image partners regarding Getty Images' licensing of their images through a new product. The case centered on the image partners' claims that Getty Images breached its contracts with them and violated their, and their contributors', copyrights by licensing the images. After significant discovery and motion practice, the case settled satisfactorily. (2010)

Defense of claims for copyright infringement and breach of license agreement arising out of alleged copying of software. Obtained dismissal of breach of license claim as preempted by Copyright Act; case successfully settled shortly thereafter. 90 U.S.P.Q.2d 1648 (W.D. Wash. 2009)

Represented plaintiff Aztec Fabrication, Inc., manufacturer of Phantom Jet Boats, in trademark and cybersquatting claim against former distributor. Case settled successfully. (E.D. Wash. 2009)