In a recent trademark infringement case, Judge James Otero of the Central District of California recently went against an advisory jury opinion and found that the plaintiff, Allstate Insurance Corporation (“Allstate”), failed to show likelihood of consumer confusion. Allstate brought suit against Kia Motor Corporation (“Kia”) in 2016, alleging that its “Drivewise” trademark used in connection with a usage-based insurance program that allows insurers to lower or raise insurances rates based on driving performance was infringed by Kia’s “Drive Wise” driver assistance system, which includes features such as blind spot detection, lane keeping assistance, smart cruise control, and autonomous emergency braking. Following a trial, an advisory jury reached a verdict in favor of Allstate finding a likelihood of consumer confusion. READ MORE
Christina Von der Ahe
Christy hones her litigation skills by dedicating time to significant pro bono cases. In June 2017, she argued a challenge to California’s latest death penalty initiative measure (Proposition 66) to the California Supreme Court. Her work on that fight, as well has her fight to save immigrant children from deportation and her work on fair housing and, earned her the American Inns of Court 2017 Sandra Day O'Connor Award for Professional Service.
Combining her tech, IP and (not so secret) gaming past, Christy also serves as Co-Lead of Orrick's Video Game Group. She focuses on the video game, interactive entertainment, new media and content, and content-related industries.
Christy has a mechanical engineering degree from Stanford, and, as such, is able to immerse herself deeply in highly technical matters. She also prides herself on her oral and written advocacy, and has filed and argued several successful dispositive motions, including motions for summary judgment of non-infringement.
Christy is a founding member of the Howard T. Markey Intellectual Property Inn of Court in Orange County, and has served as Secretary, Membership Chair, Programs Chair, and member of the Board for that organization. She is also an Editor of Orrick's Trade Secrets Watch Blog.
Prior to joining Orrick, Christina clerked for the Honorable Andrew Guilford of the Federal District Court of the Central District of California.
Some of Christy's experience includes:
- member of the case team that obtained a favorable settlement for Oracle in its highly publicized litigation against the State of Oregon
- member of the trial team in the recent high-stakes, high-profile litigation between Oracle and Google. #googacle
- part of the trial team that won $112 million dollars for Brocade in a patent infringement and trade secret misappropriation suit against A10 Networks (N.D. Cal.)
- part of the case team that obtained summary judgment of non-infringement for Nvidia (D. Colo.)
Posts by: Christina Von der Ahe
In an effort to protect itself against genericide—the death of a trademark because the brand name becomes synonymous with the type of product—Velcro’s legal department released a video two weeks ago pleading with the public to stop saying “Velcro” and start saying “hook and loop” or “self-adhesive straps.” (Watch it, really.) Amazingly, Velcro’s play on the ballad “We are the World” has already gone viral. Though the comments on the video are mixed, Velcro’s video is certainly raising awareness of its brand. READ MORE
We have been tracking how district courts have handled venue challenges in a post-TC Heartland world, and have reported changes to some of the more popular patent venues, as well as a continuing split among district courts on whether TC Heartland provides grounds to raise new challenges. Another development we have noticed is the refining by District Courts of the patent venue statute’s phrase “regular and established place of business.” READ MORE