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

Construction litigation for a general contractor
Represented the general contractor in disputes surrounding the construction of a 70,000 square foot casino. During construction, our more
Conducted internal corporate investigation for a Maryland bank
Conducted internal corporate investigation for a financial institution and negotiated a consent to the issuance of a cease and desist order with the more
Phillips v. AWH Corp., et al.
Prepared an amicus brief on behalf of the Association of Corporate Counsel in a significant patent law appellate case addressing claim construction more
Counselor for individual and his five franchises in a lawsuit regarding alleged violations of a non-competition covenant in the franchise agreement
Represented an individual and his five franchises, as plaintiffs, in a lawsuit regarding alleged violations of a non-competition covenant more