Represented four major universities and The Collegiate Licensing Company (CLC) in a trade dress infringement case. In an attempt to avoid the provisions of a prior settlement agreement, the defendant, a clothing provider, sold t-shirts and other merchandise bearing university colors that did not include any of the colleges’ registered marks. The firm secured a ruling rejecting the theory that school colors were aesthetically functional and that the defendant's use was "fair." After prevailing on summary judgment on the issue of liability for trademark infringement and unfair competition, we conducted a two-day jury trial on monetary relief. The plaintiffs recovered damages in the form of a reasonable royalty and an accounting of defendants’ profits. The defendants later appealed, and the Fifth Circuit unanimously affirmed.

Louisiana State University v. Smack Apparel Co., 438 F. Supp. 2d 653 (E.D. La. 2006), aff'd, 550 F.3d 465 (5th Cir. 2008).

Experience Center

Match our Experience to Your Needs

Experience Highlights

Acquisition by a national yarn manufacturer
Represented a large, privately owned yarn manufacturer in its acquisition of one of the largest suppliers in the United States and Canada of more
Wrongful death litigation for a pro bono client
Represented a widow in a wrongful death suit against a railroad company arising from the derailment of an Amtrak passenger train in South Carolina. A more
Strategic alliance negotiations between Internet hosting company and a leading telecommunications company
Represented Internet hosting company in negotiation of strategic alliance with a leading telecommunications company. more
Trademark portfolio management for one of the world's leading providers of lighting fixtures
Manages all aspects of the extensive trademark portfolio of one of the world's leading providers of lighting fixtures and related products and more