Easyling Wins Trial as Jury Rejects Trademark and Trade Dress Claims

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On June 12, after a 6-day trial, a federal jury sitting in Boston unanimously rejected the claims of venture capital funded Smartling, Inc. against independent startup Skawa Innovation, Ltd. for trademark and trade dress infringement and unfair competition. In one of the first cases of its kind to advance to trial, the United States District Court for the District of Massachusetts considered whether the ‘look and feel’ of a website can constitute protectable trade dress. Smartling’s allegations of trade dress infringement were fully repudiated by the jury.

For nearly a decade, Skawa has reduced the barriers to global communication through its website translation technologies, including large scaled proxy solutions. The Skawa team thanks its business partners for their trust and support throughout this protracted litigation. Skawa looks forward to continuing to focus on customers to provide outstanding website translation technologies. Knowing that free and healthy competition is critical to optimal product development and consumer value, Skawa’s commitment to offering the best possible products and services to its customers remains.

Skawa was represented throughout the litigation, including during the successful jury trial, by Thomas P. O’Connell of the O’Connell Law Office in Arlington, Massachusetts. The O’Connell Law Office has provided trusted intellectual property guidance since 1994.

The case is styled as Smartling v. Skawa Innovation, Ltd., Civil Action No. 14-cv-13106-ADB, in the United States District Court for the District of Massachusetts.

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