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Trademark and Trade Dress Cases

The Biltmore Company, Inc. v. Nu U, Inc. d.b.a Biltmore Bride, Case No. 1:15-cv-00288-MR (W.D.N.C. 2017): represented plaintiff in trademark infringement and cybersquatting proceeding; obtained jury verdict of intentional infringement, injunction, and order to transfer domains.

Johnson & Morris PLLC dba Carolina Pediatric Dentistry v. Abdelbaky & Boes PLLC dba Carolina Orthodontics & Children’s Dentistry, Case No. 16-cvs-006151 (N.C. Business. Ct. 2016): successfully defended against preliminary injunction motion.

Ginseng Board of Wisconsin, Inc. et al. v. Uustar Corp., et al.¸Case No. 3:15-cv-00533-wmc (W.D. Wisc. 2017): represented defendants in false advertising proceeding.  Confidential settlement.

LM Restaurants v. Ale Yeah! Inc. et al., Case No. 3:15-cv-354-MPC-DSC (W.D.N.C. 2017) & Opposition Nos. 91215800, 91215802, 31216895 (T.T.A.B. 2017): represented Plaintiff/Opposer in trademark infringement and opposition proceedings.  Confidential settlement.

HCWRFS v. HCWEBS, NO. 10 CVS 1447 (Orange Co. Superior Court 2016): represented Defendants in trademark infringement case and numerous state torts; prevailed at NC Supreme Court on arbitration issue; bench trial and confidential settlement.

Miller’s Ale House, Inc. v. DCCM Restaurant Group, LLC, Case No. 6:15-cv-01109-TBS (M.D. Fla. 2016): obtained summary judgment in favor of defendant.  Appeal settled with confidential settlement.

Reggie Fountain v. Fountain Powerboats, NO.  11CVS236 (NC Business Court 2015): represent Plaintiff in trademark infringement case; confidential settlement.

Aviator Brewing C. v. Table Bluff Brewing, Inc., 5:14-cv-00819-D (E.D.N.C. 2015): represented declaratory judgment plaintiff in trademark dispute; confidential settlement.

Jesus Jeans v. Jesus Surfed, No. 91209383 (T.T.A.B. 2014) represent Applicant in trademark opposition proceeding and cancellation counterclaim.  Confidential settlement.

Acton v. Dunsmoor, NO. 13 CVS013613 (Wake Co Superior Ct 2014): represent Plaintiff in trademark infringement case regarding Adwords campaign.  Confidential settlement.

Swoon Inc. v. Swoon Boutique Inc., Opposition no. 91209127 (T.T.A.B. 2014): represent Defendant in trademark opposition case.  Confidential settlement.

Play Hard Pray Harder v. ScriptureArt and Josh Hamilton, No. 3:12-cv-05121 (N.D. Tex. 2013) represent defendants and counterclaimants in trademark proceeding. Confidential settlement.

Agri-Supply Company v. Willie James Phelps, Jr. d/b/a Agri Radio Supply, No. 1:13-cv-477 (M.D.N.C. 2013): represent plaintiff in trademark infringement proceeding, confidential settlement.

Truckers Toy Store, LLC v. Charles McNall d/b/a Truckers Toy Store, et al., No. 2:12-cv-11237 (E.D.Mi. 2012): represent plaintiff in trademark infringement claim, confidential settlement.

The Mainstreet Collection Inc. v. The Main Street Collection, LLC, No. 1:12-cv-0672 (S.D.I.N. 2012); represpent plaintiff in trademark infringement and cybersquatting claim, confidential settlement.

Agri-Supply Company v. SoMo Agri Supply Inc., No. 6:11-cv-03475 (W.D.Mo., 2011); represent plaintiff in trademark infringement and unfair competition claim, confidential settlement.

Building Blocks Childcare Development Center, Inc. v. Building Blocks EarlyLearningCenter, No. 92054254 (T.T.A.B. ): represent plaintiff in trademark cancellation proceeding against registrant, confidential settlement.

Ohio Tuition Trust Authority v. College Advantage, LLC et al., No. 5:11-CV-291 (E.D.N.C.2011): represent defendants against trademark infringement claim involving college preparation and financial aid counseling, confidential settlement

Capitol Commission, Inc. v. Capitol Ministries, No.5:11-cv-00214-BO (E.D.N.C. 2013): represented plaintiff/counterclaim-defendant and plaintiff’s employees in Lanham Act and business tort suit.  Summary judgment for plaintiff on all claims - defendant enjoined and defendant’s counterclaims dismissed.  (2013 WL 5493013 (2013)).  Claims against employees also dismissed.  (2013 WL 7223204 (2013)).

HCW Retirement and Financial Services, LLC et al., v. HCW Employee Benefit Services et al., No. 10 CVS 1447 (Orange County Superior Court pending): represent defendants/counterclaimants in trademark and breach of contract and related claims; prevailed at N.C Supreme Court on enforcement of arbitration provision regarding commercial claims in suit. 

Miller’s Ale House, Inc. v. Boynton Carolina Ale House, LLC, No. 9:2009-CV-80918 (S.D. Fla. pending): represent defendant against trademark, trade dress, and copyright claims; successfully defended motion for preliminary injunction (2009 WL 6812111); summary judgment entered in favor of defendant (2010 WL 3943550); defendant granted over $250,000 in attorneys’ fees and costs; summary judgment affirmed and appellate fees awarded. Miller’s Ale House v. Boynton Carolina Ale House, LLC, 702 F.3d 1312 (11th Cir. 2012)

Custom Dynamics LLC v. Radiantz Led Lighting, Inc., No. 5: 2008-CV-00573 (E.D.N.C.2008): represent plaintiff/counterclaim defendant in patent, trademark, copyright, and antitrust suit involving LED devices and marketing practices, confidential settlement.

eyecarecenter v. Eye Care Associates, No. FA1107001398961 (U.D.R.P. 2011): represented defendant in domain name dispute; obtained judgment in client’s favor. 

GZR Jewelry, Inc. d/b/a Sibella v. Sonia Milano S.R.L., No. 92053848 (T.T.A.B. 2011): represented plaintiff in trademark cancellation proceeding; obtained final judgment in our client’s favor obtaining requested cancellation. 

Brainy Atom, LLC v. Candy Addict, LLC, No. 91198985 (T.T.A.B. 2011): represented plaintiff in trademark opposition proceeding; opposed mark voluntarily withdrawn by applicant. 

Camuto Consulting Inc. v. Vincent Shoe Store Sweden AB, Opposition No. 91178315 (T.T.A.B. 2011): represented applicant in opposition to registration; settlement reached; amended application and case dismissed.

LM Restaurants, Inc. et al. v. Stewart, No. 2010-CVS-020997 (Wake County Superior Court 2011): represented plaintiff in cybersquatting, brand tarnishment, and unfair trade practices suit; settlement where defendant transferred offending URL, removed all offending content, and published retraction and apology.

Journalistic Inc. v. Qandessa Publications, LLC et al., No. 1: 2010-CV-00602 (M.D.N.C.2011): represented plaintiff in trademark infringement and cybersquatting suit; obtained final judgment and permanent injunction in favor of client.

The Daniel Group, Inc. v. Service Performance Group, Inc., No. 5: 2010-CV-00082 (E.D.N.C.2011): represented defendant/counter-claim plaintiff in trademark infringement suit; won summary judgment on issue of liability (2010 WL 4703847); obtained final judgment and permanent injunction in favor of client.

Agri Supply Company, Inc. v. Westfall d/b/a Ace Agri Supply, No. 4: 2010-CV-03175 (D. Neb. 2010): represented plaintiff in trademark infringement suit; settlement based on defendant’s agreement to change name.

The Mainstreet Collection, Inc. v. Hall and Lois & Friends LLC d/b/a Mountain Mamas, No. 4: 2009-CV-00199 (E.D.N.C. 2010): represented plaintiff in trade dress and copyright infringement suit; settlement where defendants permanently discontinued accused products, consented to client’s IPR rights, and cooperated with overseas source investigation.

The Mainstreet Collection, Inc. v. Kirkland’s Stores, Inc. et al., No. 4: 2009-CV-00189 (E.D.N.C. 2010): represented plaintiff in trade dress and copyright infringement suit; moved for preliminary injunction; settlement where defendants permanently discontinued accused products, made large financial contribution to client’s charity on behalf of client, and cooperated with oversea source investigation.

Sales Consultants of Cary, LLC v. CareerBuilder LLC and Personified, LLC, No. 5: 2008-CV-00260 (E.D.N.C. 2010): represented plaintiff in trademark infringement suit; confidential settlement.

Big Boy Restaurants International v. Big Boy’s Inc., No. 5: 2008-CV-544 (E.D.N.C. 2010): represented defendant in trademark infringement dispute; confidential settlement.

KelloggNorth AmericaCompany v. Z. Seivers Media Services, Inc., Opposition No. 91188355 (T.T.A.B. 2010): represent applicant in opposition to registration; settlement reached based on amendment of application.

Agri Supply Company, Inc. v. A&D Agri Supply, Inc., NO. 2: 2008-CV-01044 (E.D. Iowa 2009): represented plaintiff in trademark infringement suit; confidential settlement.

Answers in Genesis of Ky., Inc. v. Creation Ministries Int’l, Ltd., 556 F.3d 459 (6th Cir. 2009): represented plaintiff in dispute filed in Australia, USA, and Canada regarding numerous IPR disputes; enforced arbitration agreement through federal appeal for consolidated hearing of claims in arbitration; private settlement after arbiter ruled in favor of client regarding validity and enforceability of prior agreements.

Agri Supply Company v. AgReliant Genetics, LLC, Opposition No. 91188715 (T.T.A.B. 2009): represented plaintiff in opposition to registration; settlement by coexistence agreement.

Cynthia Vincent & Green Mochi v. Vincent Shoe Stores Sweden AB, Opposition No. 91178288 (T.T.A.B. 2009): represent applicant in opposition to registration; confidential settlement.

Supreme Maintenance Organization, Inc. v. The Clorox Company, Cancellation No. 92050061 (T.T.A.B. 2009): represented petitioner in cancellation proceeding; confidential settlement.

The Vision Forum, Inc. v. The Behemoth, No. 5: 2009-CV-00059 (W.D. Tex. 2009): represented plaintiff/counterclaim defendant in trademark infringement declaratory judgment action; confidential settlement.

Agri Supply Company, Inc. v. Ample Supply Company, Opposition No. 91180982 (T.T.A.B. 2008): represented petitioner in opposition proceeding; settlement by coexistence agreement.

Common Sense Media Inc. v. Common Sense Issues Inc., No. 4: 2008-CV-00155 (N.D. Cal. 2008): represented defendant in trademark infringement case; confidential settlement.

Medical Research Institute, Inc. v. Unlimited Nutrition, Inc. et al., No. 1: 2005-CV-00970 (M.D.N.C. 2006): represented plaintiff in sports supplement counterfeiting action; obtained ex parte TRO and directed raid and seizure of warehouse with U.S. Marshalls; obtained permanent injunction against defendant and confidential settlement.

Agri Supply Company, Inc. v. Agrisupply.com, No. 2: 2005-CV-00628 (E.D. Va. 2006): represented plaintiff in in rem proceeding to capture URL from foreign cyber pirate; court ordered transfer of domain name to client and awarded client attorneys’ fees; enforced judgment and collected fees.

Ale House Management, Inc. v. Raleigh Ale House, Inc. & Cary Ale House, No. 5: 2002-CV-00709 (E.D.N.C. 2006): represented defendants in trademark infringement lawsuit involving menu items; obtained judgment against plaintiff at summary judgment (2006 WL 6663793).

Care First of Maryland, Inc. d/b/a Care First Blue Cross Blue Shield v. FirstHealth of the Carolinas, Inc., Opposition Nos.: 116,355 and 124,847 (T.T.A.B. 2005): represented applicant in opposition proceeding; prevailed at trial on likelihood of confusion and dilution claims; client awarded registration.

Stork News of America, Inc. v. Clark and Clark Novelty Sign Sales, Inc., No. 1:2005-CV-00256 (W.D.N.C. 2005): represented plaintiff in copyright and trademark infringement case involving signs; confidential settlement and permanent injunction.

Powell & Powell Supply Company, Inc. v. MDM Products, LLC, No. 5: 2004-CV-00790 (E.D.N.C. 2005): represented plaintiff in trademark infringement lawsuit; negotiated settlement at close of discovery where defendant relinquished use of accused mark.

Baughman Tile Co. v. Plastic Tubing, Inc., 211 F. Supp. 2d 720 (E.D.N.C. 2002): represented defendant against allegations of trade dress infringement; plaintiff asserted an incontestable federal registration; won summary judgment against plaintiff on all claims and cancelled incontestable registration at summary judgment on grounds of functionality.

Candle Factory, Inc. et al v. Oddity, Inc., No. 2: 2001-CV-00018 (E.D.N.C. 2002): represented defendant in copyright and trade dress infringement case involving sculptured candles in the form of sea life; summary judgment on trade dress claims; copyright infringement claims dismissed as sanctions for discovery violations; awarded $12,000 in sanctions against opposing counsel.

Inspired, Inc. v. Kim et al., No. 5: 2001-CV-00099 (E.D.N.C. 2001): represented plaintiff in trademark infringement; obtained preliminary and consent permanent injunction and $70,000 settlement.

Ale House Mgmt Inc. v. Raleigh Ale House, 205 F.3d 137 (4th Cir. 2000): represented defendant at trial and appellate level on trade dress and copyright infringement claims; won summary judgment against plaintiff on all counts and attorneys fees awarded against plaintiff; affirmed on appeal.

The Holland Company, Inc. v. Wilmington Grill Co., Inc., No. 5:1998-CV-00760 (E.D.N.C. 2000): represented plaintiff in trade dress infringement case; settlement reached after defendant agreed to discontinue manufacture and sale of goods with infringing design.

Howe Laboratories v. Brother’s Research, No. 3:1996-CV-02211 (D. Conn. 1999): represented declaratory judgment defendant/trademark owner in trademark infringement case; counterclaimed for trademark infringement; summary judgment granted in favor of declaratory judgment defendant on trademark infringement counterclaim; settlement for high six figures after damages trial began.

Sawyer Termite & Pest Control Specialist, Inc. v. Envirotech et al., No. 7: 1993-CV-00097 (E.D.N.C. 1995): represented plaintiff in trademark infringement action; won verdict for $270,000 and permanent injunction.

Owen’s Florist, Inc. v. Bobby Warren, d/b/a Owen Drive Florists, No. 3:1993-CV-00060 (E.D.N.C. 1994): represented plaintiff in trademark infringement action; obtained verdict of treble damages, permanent injunction, and award of attorneys’ fees.

The Croydon Co., Inc. v. Unique Furnishings, LTD, No. 3:1992-CV-00126 (E.D.N.C. 1993): defended patent and trade dress claims regarding library furniture; patent claims dismissed at summary judgment, won remaining claims at trial, and awarded attorneys fees.

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