Neon Systems, Inc. v. New Era of Networks, Inc.

Neon Systems, a provider of middleware software, sued New Era of Networks, another provider of middleware software, for wrongful misappropriation of the “NEON” mark.

Retained by Gibbs & Bruns

Neon Systems, a provider of middleware software, sued New Era of Networks, another provider of middleware software, for wrongful misappropriation of the “NEON” mark. Counsel for Neon Systems retained Cornerstone Research and Professor David Schmittlein of the Wharton School of the University of Pennsylvania to review New Era’s advertising and marketing programs and estimate the cost to correct the mistaken impressions created by those programs. When the case went to trial, the jury awarded $14 million in actual damages and $25 million in punitive damages to our client, and the court permanently enjoined New Era from using the “NEON” mark.