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

Right of publicity litigation for footwear maker
Represented footwear maker in defense of right of privacy/publicity claims by models whose images were used on packaging. more
Investment of $1.25 billion of institutional capital in real estate for Avanti Properties Group
Representation of Avanti Properties Group in all portfolio investment activities for $1.25 billion of institutional capital in real estate assets and more
Acquisition by global leader in information solutions of an ownership interest in Russian credit bureau
Represented a global leader in information solutions in the acquisition of an ownership interest in a Russian credit bureau. more
Tax issues relating to biodiesel blending and exporting for largest fuel suppliers in the United Kingdom
Represented one of the largest fuel suppliers in the United Kingdom with complex federal and state tax issues related to its biodiesel blending and more