| Stuart Dunwoody handles intellectual property litigation and dispute resolution, including trademark, copyright, patent, trade secret and marketing disputes, and also counsels clients on trademark and copyright protection. Stuart has represented many large clients in the recording, broadcasting, biotech, financial services and food production industries. Selected Experience Pearson plc, Penguin Books Ltd., Pearson Canada, Inc. Ongoing Defense of UK and Canadian book publishers against copyright infringement claim arising from use of photo on book cover. Claude Cassirer Ongoing 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 the lower courts' denial of defendant's motion to dismiss, holding that the FSIA immunity exception for claims involving property taken in violation of international law was not limited to the country that actually seized the property. The Ninth Circuit remanded the case to the lower court for further proceedings. ARB Corp. Ongoing Assertion of patent infringement claims on behalf of ARB Corp., designer and manufacturer of equipment for off-road vehicles. Yellow Book USA, Inc. Ongoing Defense of Internet search provider Yellow Book against patent infringement claims involving click to call technology. Sentry Insurance 2009 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. Aztec Fabrication, Inc. 2009 Represented plaintiff Aztec Fabrication, Inc., manufacturer of Phantom Jet Boats, in trademark and cybersquatting claim against former distributor. Case settled successfully. Talisma Corp. 2009 Defended software company against claim for infringement of a patent involving Internet chat system for providing customer service to Web site users. Case settled favorably. Informed Decisions Corp. d/b/a CASHNet 2009 Defended payment processing software company against claim for infringement of a patent involving Internet payment and value transfer systems. Case settled favorably. Northwest Agricultural Products 2009 Declaratory judgment of invalidity, and defense of infringement counterclaims, of patents covering plant growth stimulators. Successfully settled. ProteoTech, Inc. 2008 Represented nutraceutical product patent holder in patent and trademark infringement litigation against former licensee. Won partial summary judgment on issue of first impression with regard to sub-licensing of non-exclusive license agreements; case settled thereafter. Trinity Glass International, Inc. 2008 Action for declaratory judgment that defendant's patent on a hurricane-proof window is invalid or not infringed. Case ended in confidential settlement. The Franklin Mint 2007 Defense of copyright infringement action involving use of photographs in promotional materials for model airplanes. Obtained favorable confidential settlement. Halogent LLC d/b/a Exposed Skin Care 2007 Trademark, false advertising and copyright infringement dispute over defendant's keying search engine advertisements to searches on plaintiff's PROACTIV trademark, and content of defendant's Web site. Successfully settled. HomeStreet, Inc. 2007 Represented plaintiff bank in dispute over trademark infringement of “HomeStreet Bank” mark. Case ended in confidential settlement. Snack Alliance, Inc. 2007 Represented defendant in trade dress dispute over appearance of potato chip bag, and defeated motion for preliminary injunction. Case subsequently settled. Seattle Gourmet Foods 2004 Represented former manufacturer of Frango chocolates in trademark, trade dress, trade secret and false advertising dispute involving rights to make a competing chocolate under the Frederick & Nelson trademark. Case ended in confidential settlement. Additional Qualifications Professional and Community Activities
- President, Federal Bar Association of the Western District of Washington
- Lawyer Representative to the Ninth Circuit Judicial Conference, 2009-2011
- Chaired Local Rules Committee that drafted new local patent rules for the Western District of Washington, 2003-2006
- Co-chair, Copyright Counseling, Management and Litigation (annual seminar), Seattle and Bellevue, Wash., 2006-present
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Professional Recognition
- Named as one of “America’s Leading Lawyers for Business” in Intellectual Property (Washington) by Chambers USA, 2005-2009
- Named as one of the “Best Lawyers in America” in Intellectual Property Law by Woodward/White, 2003-present
- Selected to "Washington Super Lawyers," Law & Politics, 2002, 2006, 2008, 2009 and to the “Top 40 Intellectual Property Super Lawyers,” 2006
- Named as one of the "Top 87 Business Lawyers" by Seattle Business Monthly, 2008
- Named as one of "155 Top Lawyers" by Seattle Magazine and Seattle Business Monthly, 2007
- Named as one of "Puget Sound's Top Business Lawyers" by Seattle Business Monthly, 2006
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Education J.D., Yale Law School, 1983 B.A., Oberlin College, 1977 | |