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

Firestar Software Inc. v. Red Hat, Inc., et al.
The firm served as lead counsel on behalf of Red Hat, an open-source software company, in a patent infringement suit brought by Firestar related to more
Construction litigation for a general contractor
Represent a general contractor in complex litigation involving the construction of an approximately $13 million long-term, acute care hospital in more
Internal investigation for board of directors of large community bank
Conducted internal corporate/regulatory investigation for the board of directors of a large New Jersey community bank involving whistle-blower more
Consolidation of PetroLiance LLC
The firm served as lead counsel for PetroLiance LLC, an oil company, in four-way consolidation that created the nation’s largest distributor of more