Web posted: April 16, 2001

Fenwick & West's client Critical Path, a leading Internet messaging service, was sued for trademark and trade name infringement by Santa Clara-based Critical Path Solutions (CPS) in 1999. CPS, which has been in the direct mail business since 1979, argued that Critical Path's Internet messaging business was encroaching into an area of natural expansion for a direct mail business and and sued for injunctive relief and damages of several million dollars. In argument before the Santa Clara County Court on Thursday, April 29th, Fenwick & West's attorneys moved for summary judgment on all claims asserted (including trademark infringement, trade name infringement, dilution, common law unfair competition, and statutory unfair competition), arguing that Critical Path's business was clearly distinguishable from that of CPS. On Tuesday, April 3, Judge William Elfving granted Critical Path's motion in full and dismissed the case - a relatively rare occurance for a trademark dispute, which tend to be intensly factual in nature and therefore often survive summary judgment.

Led by partner Claude Stern and backed by associates Jed Wakefield, David Squellati, Rebecca Fewkes and litigation paralegal Nancy Meeks, Fenwick & West's team secured a victory that will enable Critical Path to maintain its position as a leader in Internet messaging infrastructure and services.

For more information, please see the Critical Path press release:
http://www.corporate-ir.net/ireye/ir_site.zhtml?ticker=cpth&script=
410&layout=6&item_id=164472