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Ms. Mandell's practice focuses on the litigation of intellectual property disputes involving patent, trademark, computer and Internet law, theft of trade secrets, trade dress and copyright infringement claims, and counterfeiting, unfair competition and false advertising claims.
Ms. Mandell has, in addition, litigated many antitrust cases, both civil and criminal, beginning as a staff attorney at the Bureau of Competition of the Federal Trade Commission in Washington, D.C., then in private practice, involving such diverse markets as soft drinks, computer hardware and software, turbo prop engines, hospital and physician services, prescription/generic drugs, sporting equipment, buses, various automotive parts, construction equipment and funeral products.
She has handled cases in all state and federal courts in Michigan, the federal courts of California (Northern, Middle and Southern Districts), New York (Southern District), Delaware, Utah, Wisconsin, Colorado, and New Hampshire, in proceedings before the Federal Trade Commission and the Trademark Trial and Appeal Board, in the Court of Appeals for the Federal and Sixth Circuits, and in arbitrations before the American Arbitration Association.
In 2007 the American Arbitration Association appointed Ms. Mandell to its Roster of Neutral Arbitrators.
Experience
Representative Trademark, Trade Dress, and Cybersquatting Cases:
Obtained preliminary and permanent injunctions for plaintiffs in many trademark infringement cases, including:
Sears Roebuck Co. v. Seers Heating & Cooling, Docket No. 97-CV-73769 (E.D. Mich.);
LaShish, Inc. v. Shish Village Restaurants, et al., Docket No. 96-CV-73446 (E.D. Mich.);
Crumpin Fox Club v. Fox Hills Country Club, Docket No. 2:97-CV-71199 (E.D. Mich.);
Obtained temporary restraining order and preliminary injunction against infringers from the United States District Court for the Middle District of California in a case of first impression under the Anti-cybersquatting Consumer Protection Act in Bowtie, Inc. v. Pet-by-Net, Inc., Docket No. 02-CV-8396 (M.D. Cal.).
Obtained consent decrees or stipulated permanent injunctions for trademark plaintiffs in many matters, including:
World Mortgage Company, World Savings Bank, FSB, et al. v. World Mortgage Corporation, Docket No. 04-CV-73966 (E.D. Mich.);
Watkins Manufacturing v. Dimension One Spas, Docket No. 3:03-CV-955 (S.D. Cal.);
NSF International v. HomeWater, Inc., Docket No. 5:98-CV-60334 (E.D. Mich.).
Successfully defended/settled many trademark infringement actions, including:
OfficeMax, Inc. v. Med Max, Inc., Docket No. 96-CV-73446 (E.D. Mich.);
Kolene Corp. v. Durferrit GMBH and DeGussa GMBH, Docket No. 95-CV-72090 (E.D. Mich.);
Dedo Gargoyles v. National Wonders, Inc., Docket No. 2:98-CV-71205 (E.D. Mich.).
Representative Copyright Cases:
Obtained on behalf of defendants an order of dismissal of copyright claims in Meshwerks, Inc. v. Toyota Motor Sales U.S.A., Inc., Grace & Wild, Inc., and Saatchi & Saatchi, Inc., Docket No. 2:05-CV-00393 (D. Utah). In a subsequent case filed by the same plaintiff against the same defendants, Docket No. 2:06-CV-97 (D. Utah 2006), obtained final judgment of non-infringement based on successful summary judgment motion on an issue of first impression in copyright law: whether copyright protects three-dimensional digital models of commercial products (motor vehicles).
Favorably settled copyright infringement action involving mortgage loan forms on behalf of defendant in CBF Systems, Inc. v. Stewart Online Mortgage Documents, Docket No. 2:99-CV-71829 (E.D. Mich.).
Representative Patent and Other Infringement Cases:
Obtained Summary Judgment of Non-Infringement, either literally or under the doctrine of equivalents, in patent case, Stumbo v. Eastman Outdoors, Inc., Docket No. 05-CV-664 (D. Colo.).
Obtained Summary Judgment on behalf of defendant and Final Judgment of Non-infringement in a patent infringement case, MEMC Electronic Materials, Inc. v. Sumitomo Mitsubishi Silicon Corp., Docket No. 01-CV-4925 (N.D. Cal.).
Obtained summary disposition and costs for defendant against plaintiff claiming theft of intellectual property in Doob LLC v. MSX Inc., Docket No. 05-364-CZ (Macomb County, Michigan Circuit Court), appeal dismissed by Michigan Court of Appeals (Michigan COA No. 262596).
Obtained TRO and preliminary and permanent injunctive relief in case alleging theft of trade secrets by former employee, MSX Int'l v. Williams, Docket No. 05-69749 (Oakland Cir. Ct.)
Patent case involving automotive bearings, settled via mediation, Federal Mogul Worldwide, Inc. v. Dana Corporation, et al., Docket No. 02-CV-71014 (E.D. Mich.)
Favorably settled Spectranetics Corporation v. Mendelson, et al., Docket No. 1:02-CV-2117; Interlase L.P. v. Spectranetics Corporation, Docket No. 3:03-CV-268 (E.D. Va.), patent cases involving medical lasers.
Representative Antitrust Cases
Obtained jury verdict from the United States District Court for the Eastern District of Michigan for defendant in an antitrust case alleging claims under the Robinson-Patman Act in In-N-Out Food Stores v. Metropolitan Bottling Co. (E.D. Mich.).
Obtained summary judgment for defendant in antitrust case alleging claims under Section 1 of the Sherman Act in General Aviation, Inc. v. Garrett Corporation, 743 F. Supp. 515 (W.D. Mich.).
Obtained summary judgment for antitrust defendant in Annemarie, Inc. v. Designer Fragrances, et al., Docket No. 5:89-CV-60186 (E.D. Mich.).
This monopolization/boycott case settled favorably with opponent paying client’s attorneys fees in full following preliminary injunction hearing in Healthdrive MI Corp. v. Nursing Home Group, et al., Docket No. 2:97-CV-72985 (E.D. Mich.).
Publications
7/2007 Legal Times, "Can You Afford the Fight? Yes, enforcing your patents doesn't have to cost millions"
6/2007 Andrews Intellectual Property Litigation Reporter, "Economically Efficient Patent Litigation" Thomson/West
Winter 2007 IP Newsletter, "Troll With the Punches (Or, What To Do When the "Take a License" Letter Arrives," Lorman Education Services
7/2005 The Detroiter, "Are Former Employees Taking You to the Cleaners? Clean Up Your Trade Secret Program Before They Clean You Out"
Professional Associations
American Bar Association
State Bar of Michigan
Michigan Intellectual Property Law Association.
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