Michael S. Denniston

Partner
Legal Assistant
Missy Ingram
P: 205.521.4878 mingram@bradley.com
Representative Experience
  • General Experience
    • New Franchisor Client (2015)
      Coordinated the launch of a new franchisor in the personal care industry.

      Acquisition of Certain Assets of Coca-Cola Company (2015)
      Premerger advice and clearance on acquisition of assets by soft drink bottler.

      Acquisition of private company (2015)
      Assessed need for premerger filings in U.S. and multiple international jurisdictions.

      Non-Public FTC Investigation (2015)
      Successful termination of 5 year investigation of industry by Anticompetitive Practices Division of FTC without issuance of complaint.

      Fitzgibbons v. Mayer Electric (N.D. Ala. 2014)
      Represented defendant in copyright infringement case.

      Swift Fly Fishing v. Pure Fishing (TTAB 2014)
      Represented registrant in trademark cancellation proceeding. Obtained involuntary dismissal.

      Sale of Centerre Healthcare (2014)
      Successful clearance of a merger that was investigated by the FTC.

      Sale of Prolexic Technologies (2014)
      Successful clearance of a merger that was investigated by the FTC.

      4U2U Brands v. Blues City Brewery (W.D. Tenn. 2014)
      Commercial dispute settled after filing dispositive motions.

      Milo’s Franchise Company v. Milo’s Tea Company (Jefferson County, Alabama 2013)
      Represented declaratory judgment plaintiff in trademark dispute.

      US Beverage v. 4U2U Brands (2013)
      Represented defendant in arbitration over distribution agreement.

      Acquisition of CMC Holdings (2013)
      Successful clearance of merger that required U.S. and multiple European premerger filings.

      Harbar Homes v. Harris & Doyle (N.D. Ala. 2012)
      Represented defendant in architectural works copyright infringement case.

      Sale of America Service Group (2011)
      Successful clearance of a merger between two health care providers in the correctional medical services field that was investigated by the FTC.

      Non-Public FTC Investigation (2011)
      Successful termination of a non-public investigation by the FTC without issuance of a complaint of alleged anticompetitive practices among dental providers.

      Energen Corporation v. CertainTeed Corporation (N.D. Alabama); CertainTeed Corporation v. Energen Corporation (S.D.N.Y)
      In these companion trademark infringement/declaratory judgment cases, the issue was whether CertainTeed’s ENERGEN trademark for solar panel roofing shingles infringed Energen’s rights in trademark ENERGEN for natural gas services.

      Non-Public FTC Investigation (2010)
      Successful termination of a non-public investigation by the FTC without issuance of a complaint of alleged anticompetitive practices in electronic publishing industry.

      Hygia Health Services, Inc. v. Masimo Corp. (N.D. Ala. 2009)
      Representation of declaratory judgement plaintiff/counterclaim defendant in a patent infringement and trademark infringement case involving medical products in United State District Court. Case was successfully resolved before trial.

      Non-Public FTC Investigation (2009)
      Confidential investigation by FTC of a proposed merger. Resolved issued raised by the FTC, permitting transaction to close.

      Hoover Toyota v. Serra Toyota (N.D. Ala 2008)
      False advertising case filed under Section 43(a) of the Lanham Act

      Sale of BE&K to KBR, Inc. (2008)
      Premerger clearance with FTC and Department of Justice in construction and construction engineering transaction. This transaction also involved evaluation of numerous international premerger filings and coordination of international filings.

      Alabama Credit Union v. Credit Union of Alabama (N.D. Ala. 2008)
      Trademark infringement matter

      Alabama Credit Union v. The Credit Union of Alabama Federal Credit Union (N.D. Ala. 2005).
      Trademark infringement case against our client, the defendant, following a name change by our client. Resolved in 2009 with a settlement after disposition of multiple issues on summary judgment.

      Off the Grill Franchising, LLC v. Hickory Partners, LLC (M.D. Tenn. 2005)
      Represented franchisee in franchise termination and trademark infringement case. Settled while summary judgment motions pending.

      Central Admixture Pharmacy Services v. Advanced Cardiac Solutions. (N.D. Ala. 2005)
      Represented plaintiff in patent infringement case involving cardiopelegic solutions. Obtained summary judgment on all claims.

      Floor Rite, LLC v. FloorTech, LLC, (N.D. Ga. 2004)
      Represented plaintiff in declaratory judgment suit concerning enforceability of non-compete provision.

      First Team Technology, Inc. v. Solid Earth, Inc. (N.D. Fla. 2002)
      Represented defendant in copyright infringement case involving computer software. Settled after obtaining partial summary judgment on copyright infringement and trade secret claims.

      Sloss-Berry, LLP v. Waites (N.D. Ala. 2002)
      Represented plaintiff in trademark infringement and cybersquatting case. Obtained permanent injunction and damages.

      East Kodak Co. v. SouthEastern Photo Supply (N.D. Ala. 2001)
      Represented plaintiff in trademark infringement case involving franchise. Obtained permanent injunction and damages.

      Breneman v. Mattel, Inc. (N.D. Ala. 1999), affirmed, 194 F.3d 1323 (11th Cir. 1999)
      Copyright infringement.

      Homor Laughlin China Co. v. Lynn's Concepts (N.D. Ala. 1999)
      Trademark/Trade dress infringement.

      Guess?, Inc. v. Wallace Apparel (S.D. Ala. 1997)
      Trademark infringement.

      McCarter v. Abbott Laboratories ( Shelby County, Ala. 1994)
      Antitrust class action.

      Circle "S" Industries v. Berryman, 613 So. 2d 329 (Ala. 1993)
      The firm successfully represented Circle S Industries, one of the world’s largest producers of interconnection bonding wire used in computer chips, in one of the first cases litigated under the Alabama Trade Secrets Act (Circle S Industries v. Berryman).

      Acquisition of assets by French conglomerate of Southeastern manufacturing concern
      Premerger clearance investigated by Department of Justice in Ready-Mix Concrete and Cement industries (2008)

      Acquisition by Vulcan Materials Company of Florida Rock Industries
      Premerger clearance of transaction in construction aggregates industry. Investigated by the Department of Justice, which led to issuance of a Second Request. Completed compliance with Second Request and transaction closed. (2007)

      Acquisition of assets of Cemex S.A. de C.V. by Ready Mix USA LLC
      Premerger clearance of transaction in Ready Mix concrete industry. Investigated by Department of Justice, cleared after initial investigation (2007)

      Reed-Elsevier, Inc. v. Muchnick (U.S. Supreme Court, pending, Dkt. No. 08-103).
      This matter arises from the In re Literary Works in Electronic Databases Copyright Infringement Litigation, and is before the Supreme Court on a jurisdictional issue. The underlying matter is a series of copyright infringement class actions consolidated for multidistrict litigation.

      Premerger clearance in acquisition
      Acquisition of McGriff, Siebels & Williams, Inc. by BB&T Corporation.

      Premerger clearance in acquisition
      Acquisition of SouthTrust Corporation by Wachovia Corporation.

      Premerger clearance in acquisition
      Acquisition of Shearwater Corporation by InHale Therapeutic Systems.

      Premerger clearance in acquisition
      Acquisition of Harden Manufacturing Company by Linsalata Capital Partners Fund V, L.P., (Premerger clearance).

      Premerger clearance in acquisition
      Acquisition of Lockwood Greene Engineers, Inc. by CH2M HILL Companies.

      Preparation of Franchise Agreements and Offering Circular
      Preparation of Franchise Agreements and Offering Circular for high-end salon and spa.

      Preparation of Franchise Agreements and Offering Circular
      Preparation of Franchise Agreements and Offering Circular for Christian Family Publications, Inc.

      Preparation of Franchise Agreements and Offering Circular
      Preparation of Franchise Agreements and Offering Circular for Chester’s International, as well as multistate registration of Offering Circular.

      Preparation of Franchise Agreements and Offering Circular
      Preparation of Franchise Agreements and Offering Circular for Alabama restaurant business.

      SLC Meter Service, Inc. v. Neptune Technology Group, Inc., et al. (American Arbitration Association)
      Our client, Neptune Technology Group terminated its long time distributor in Michigan, SLC Meter Service. Shortly after the termination was effective, Neptune appointed a new distributor that was a new company formed by several former employees of SLC Meter and the principal of another existing Neptune distributor. SLC Meter sued Neptune, the new distributor, and all of the individuals involved in Michigan state court.

      In re Literary Works in Electronic Databases Copyright Infringement Litigation (S.D.N.Y.)
      Represent defendant in class action; settlement approved by court.