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

Boardman Petroleum, Inc. v. Federated Mut. Ins. Co.
The firm served as lead counsel to Boardman Petroleum in two significant actions resulting in reported decisions. The first action was brought more
Special committee Section 16(b) liability investigation
Representation of independent board members investigating whether to pursue claims by a shareholder that certain officers, directors and underwriters more
CMBS trusts and collateralized debt obligation transactions with respect to restructuring and liquidating loans
Represented special servicer for CMBS trusts and collateralized debt obligation transactions with respect to restructuring and liquidating loans more
National bankruptcy counsel for savings and loan institution
Represented one of the largest savings and loan institution as national bankruptcy counsel. As counsel to this S&L, the firm performed a wide more