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

Over $100M trade receivables securitization facility for publicly held information solutions company
Representation of publicly held information solutions company in connection with over $100 million trade receivables securitization facility provided more
Formation and capitalization of a North Carolina commercial bank
Represented the organizers of a de novo North Carolina bank, which specializes in lending to venture capital-backed businesses, in obtaining a more
Defense of breach of fiduciary duty claims and pursuit of insurance coverage for directors and officers of high-technology company and related investment funds
Defended former directors and officers of high-technology company and related investment funds against breach of fiduciary duty, fraud, and other more
Asset sale for the Estate of Martin Luther King, Jr. Inc.
Represented Estate of Martin Luther King, Jr. Inc. in the sale of Dr. King's papers to a buyer sponsored by the City of Atlanta. more