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

Wage-Hour class action for major bottled water company
Represented a major North American bottled water company in a class action brought in Los Angeles County Superior Court. Plaintiffs filed a class more
Suffolk Construction Company v. Interface Flooring Systems, et al.
Successfully represented Interface, Inc., a leading manufacturer of carpet tiles, in a series of product liability cases filed in Massachusetts, more
Technology license for a networking equipment company
Represented networking equipment company in technology license. more
Patent litigation for a national research university
The firm served as lead counsel for a national research university, asserting a constructive trust theory to protect the university's rights in an more