PHILADELPHIA, August 18, 2015: Almost 10 months after a week-long bench trial, Morgan Lewis secured a complete victory for Canadian manufacturer Covertech Fabricating, Inc. in against its former exclusive distributor, TVM Building Products.
Covertech sued TVM for trademark infringements and unfair competition under the Lanham Act, fraud on the United States Patent and Trademark Office, and breach of contract, seeking approximately $5 million in damages and the cancellation of a TVM registered trademark owned by Covertech. TVM countersued for breach of contract and sought fraud damages in excess of $20 million. Following months of post-trial briefing, on August 14, 2015, Western District of Pennsylvania Judge Kim R. Gibson issued a 112-page decision finding in favor of Covertech on all counts. Judge Gibson awarded Covertech $4,761,319 in damages, cancelled TVM’s trademark registration and rejected its counterclaims in their entirety.
The Morgan Lewis team was led by partner Brian Shaffer and partner-elect Andrew Whitney.