Timothy (Tim) Getzoff

Trademark Litigation

• The Beauty Collective, Ltd. v. Burlington Stores, Inc. (D. Colo 2024) lead counsel for plaintiff in trademark and trade dress case concerning consumer home goods products, case settled.
• Christine Martin v. SGT Inc., f/k/a TGT Inc. (D. Utah 2022) lead counsel for defendant in case concerning rights to artwork, terminating and monetary sanctions against plaintiff obtained for discovery violations.
• Floyd’s 99 Holdings, LLC v. Diesel Barbershop, LLC (W.D. Texas 2018) lead counsel for plaintiff in trade dress case concerning interior design, case settled.
• Hero Nutritionals v. Nutraceutical Corp. (C.D. Calif. 2013) lead counsel for defendant in bench trial, obtained judgment of non-infringement on all claims and products.
• Aceto Agricultural Chem. v. Bayer Crop Sciences (S.D.N.Y. 2012) lead counsel for defendant in bench trial, obtained non-infringement judgment on all claims and products, affirmed by Second Circuit (2013).
• SCJohnson & Co. v. Nutraceutical Corp. (E.D. Wis. 2013) lead counsel for defendant in bench trial, obtained judgment of common-law nationwide trademark rights, remainder of issues decided for client on appeal.
• Nature's Life v. Renew Life Formula (D. Utah 2006) lead counsel for plaintiff, defeated defendant's motion for preliminary injunction.
• Unique Sports Products, Inc. v. Babolat VS, et al. (N.D. Georgia 2006) lead counsel for defendant in jury trial concerning alleged trade dress rights in color, case settled during trial
• AutoZone v. RadioShack, Inc. (M.D. Tenn. 2001) co-lead counsel for defendant, obtained summary judgment of non-infringement, affirmed by Sixth Circuit (2004).

Patent Litigation

• In re: Certain Pillows and Seat Cushions, Investigation No. 337-TA-1328, U.S. International Trade Commission, and
• Purple Innovation, LLC v. Chuang Fan Handicraft Co., Ltd., et al. (D. Utah 2022) co-lead counsel for petitioner/plaintiff in enforcing patent, trademark and trade dress rights against foreign infringers
• LMT Mercer Group, Inc. v. Homeland Vinyl Products, Inc. (D. New Jersey 2020) lead counsel for defendant regarding vinyl fencing technology, successfully invalidated patent before PTAB resulting in dismissal of litigation.
• Warming Trends, LLC f/k/a Flaherty Holdings, LLC v. Ray Stone, et al. (D. Colo. 2019) lead counsel for defendants in gas burner technology, obtained summary judgment dismissing nearly all claims.
• Honeywell International Inc., et al. v. The Code Corporation (D. Delaware 2017) co-lead counsel for defendant/respondent in bar code scanner technology, case settled shortly before ITC trial.
• Bridgestone Americas Tire Operations, LLC v. Bridgeport-Schrader et al, (D. Delaware 2015) lead counsel for defendants in two-week jury trial, obtained verdict of non-infringement against all products and claims.
• Server Technologies, Inc. v. American Power Co. (D. Nevada 2014) co-lead counsel for plaintiff in two-week jury trial, obtained $13 million verdict of infringement and validity against all accused products and claims, case currently on appeal.
• Cellport Systems, Inc. v. Peiker acustic GmbH (D. Colo. 2013) lead counsel for defendant in two-week bench trial, obtained judgment of non-infringement against bulk of plaintiff's claims.
• Alcohol Monitoring Systems v. BI, Inc. (D. Colo. 2013) lead counsel for defendant, obtained summary judgment of non-infringement on all claims and products (6 F. Supp.3d 1184), argued and affirmed by Federal Circuit (2015).
• K-TEC v. VitaMix Corp. (D. Utah 2010) member of trial team for plaintiff in two-week jury trial, obtained verdict of infringement and validity against all products and claims, $22 million judgment affirmed by Federal Circuit (2012).
• Balivi Chemical v. Chemical Supply Co. (D. Idaho 2004) co–lead counsel for defendant in 8-day jury trial, obtained verdict of non-infringement on all claims.

Copyright Litigation

• Christine Martin v. SGT Inc., f/k/a TGT Inc. (D. Utah 2022) lead counsel for defendant in case concerning rights to artwork, terminating and monetary sanctions against plaintiff obtained for discovery violations.
• DCM Systems v. IntelliTec College (D. Mass. 2014) lead counsel for defendant, obtained jurisdictional dismissal for defendant, case not re-filed.
• Gowan Corp. v. Aceto Agricultural Corp. (D. Arizona 2009) lead counsel for defendant, after defeating plaintiff's motion for preliminary injunction, case settled on terms favorable to our client.
• IQ Group v. Wiesner Publishing (D. New Jersey 2006) lead counsel for defendant, obtained summary judgment against bulk of plaintiff's copyright and DCMA claims, case settled.