Experience
  • General Experience
    • Defense of Entertainment Companies in Multiple Copyright Infringement Cases

      Obtained dismissal of Fortune 100 entertainment company and several of its subsidiaries in multiple copyright infringement cases involving sound recordings and musical compositions.

      More than 50 franchise cases involving trademark infringement, unfair competition and/or breach of contract

      Successfully represented national hotel franchise companies in more than 50 breach of contract, trademark infringement and/or unfair competition cases ranging in value from $20,000 to $300,000.

      $17 million sale of web-based automated clearing house service provider

      Represented company in the $17 million sale of the company.

      $26.5 million jury verdict in trade secrets case

      The information technology subsidiary of HCA, Inc. sued our software developer clients for alleged trade secrets misappropriation. We filed a counterclaim for defamation and interference with prospective business relationships. Following a two-week jury trial, the jury returned a verdict in favor of our clients on the trade secret misappropriation claim and awarded them $1.5 million in compensatory damages and $25 million in punitive damages on their defamation counterclaims. The verdict was listed in The National Law Journal's Top 100 Verdicts of 2004.

      $70 million stock sale/merger with private equity investment firm

      Represented company in a $70 million stock sale/merger with a private equity investment firm.

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

      Copyright infringement.

      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.

      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).

      E.S. Robbins Corp. v. Schwertner, CV 00-J-1254-NW (N.D. Ala.)

      This case involved misappropriation of manufacturing process secrets belonging to the inventor of poly-coated livestock fencing, by the company’s former chief technical officer. The former was attempting to utilize the technology in a competing manufacturing operation with one of the company’s distributors. Following discovery and a multiple-day evidentiary hearing, the Court entered a seven-year permanent injunction in favor of the firm’s client and against the former employee and his new employer. The injunction was affirmed on appeal by the U. S. Court of Appeals for the Eleventh Circuit. The case was notable both for the length of the injunction granted, and for the fact that the case raised for the first time in Alabama the inevitable disclosure doctrine.

      East Kodak Co. v. SouthEastern Photo Supply (N.D. Ala. 2001)

      Represented plaintiff in trademark infringement case involving franchise. Obtained permanent injunction and damages.

      Farnam v. Life Data Labs (N.D. Ala. 2000)

      Trademark infringement.

      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.

      Floor Rite, LLC v. FloorTech, LLC, (N.D. Ga. 2004)

      Represented plaintiff in declaratory judgment suit concerning enforceability of non-compete provision.

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

      Trademark infringement.

      Homor Laughlin China Co. v. Lynn's Concepts (N.D. Ala. 1999)

      Trademark/Trade dress infringement.

      Marketron International, Inc. v. OneDomain, Inc., CV 03-6465 (Cir. Ct. Jefferson Co., Ala.)

      Represented defendants in this software case, alleging trade secret misappropriation and violation of noncompete agreements, brought against them by their former employer. Although an ex parte TRO was initially granted, the firm defeated plaintiff’s motion for preliminary injunction, and won summary judgment as to all claims. The Court also awarded defendants attorneys’ fees under the Alabama Litigation Accountability Act.

      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.

      Ram Tool Supply Co., Inc. v. White Cap Construction Supply Co., Case No. 2:11-CV-00210-LSC (N.D. Ala.)

      Represented the defendants (former employees of plaintiff and their new employer) in an action alleging trade secret misappropriation. Following extensive discovery and a day-long evidentiary hearing, the U.S. District Court for the Northern District of Alabama denied plaintiff’s motion for preliminary injunction. The case was subsequently refilled in Tennessee state court, where defendants sought and won summary judgment.

      Sloss-Berry, LLP v. Waites (N.D. Ala. 2002)

      Represented plaintiff in trademark infringement and cybersquatting case. Obtained permanent injunction and damages.

      SRS Technologies v. Physitron, CV 01-BE-0781-NE (N.D. Ala.)

      Represented the plaintiff, a manufacturer of space-ready antennae technology, in this case alleging trade secret misappropriation by its former employee and a competitor. The case settled favorably, with consented injunctive relief, during the preliminary injunction hearing.

      Bet-the-company litigation

      Successfully defended numerous defendants in bet-the-company litigation involving allegations of trade secret misappropriation, breach of non-compete and non-disclosure agreements, and numerous state-law tort claims. After obtaining summary judgment on all counts and an attorney fee award, settled case favorably for clients on eve of trial of their counterclaims against original plaintiffs.

      ClassroomDirect.com, LLC v. Re-Print/Draphix, LLC, CV-05-4675 (Jefferson Co., Ala.) 2005

      Acted as lead counsel for plaintiff in nearly two-week jury trial of unfair competition, intentional interference, and fraud claims. Obtained verdict for client on all counts.

      Defense jury verdict in trademark infringement case

      We obtained a unanimous jury verdict for our hotel franchisor client in an $11 million claim by the owner of federal trademark registrations, the plaintiff claiming that our client’s hotel brand was confusingly similar to its well-known brand.

      Favorable settlement in dispute involving software

      We obtained a favorable settlement of a dispute with an outsourced IT vendor in Chancery Court for Davidson County, Tennessee where our client complained of being sold expensive "vaporware" by Computer Associates.

      Federal jury verdict for misappropriation of trade secrets

      We obtained a judgment for compensatory and punitive damages, attorneys' fees and an injunction in a federal jury trial in Georgia for our banking software client against its former chief software developer after the jury found misappropriation of client's trade secrets and software.

      Intel Corporation patent case

      The firm represented Intel Corporation in one of the largest patent cases ever brought in the Southeast (Intergraph v. Intel). Intel faced allegations of infringement regarding some of its microprocessors. The plaintiff also raised antitrust concerns against Intel for alleged attempts to monopolize the computer chip market. As a result of our efforts, the district court granted summary judgment in favor of Intel on the antitrust claims, a decision that was affirmed by the appeals court. The case settled while our motions for summary judgment on the remaining infringement claims were still pending.

      Judgment for famous mark client in federal bench trial in Philadelphia

      We tried a service mark infringement and dilution case in federal court in Philadelphia for a major international distributor of Bibles. We obtained a judgment for our client.

      Judgment in federal infringement case for discovery abuse

      We represented a major entertainment company in trademark and copyright infringement against an individual and his company for making unauthorized use of our clients’ intellectual property and our client was awarded an injunction, a default judgment in excess of $2 million and attorney’s fees due to defendants’ concealment of records and other discovery misconduct.

      Management of Trademark Portfolio

      Represented subordinated lender in connection with workout and recovery of $30,000,000 loan secured by Manhattan real estate.

      Represented lender in foreclosure and disposition of dry stack marinas in South Carolina.

      Represented bond trustee and bond insurer in deed in lieu of foreclosure of military housing project.

      Microsoft copyright infringement litigation

      We have successfully represented Microsoft in bringing copyright infringement litigation involving software piracy. We have also represented the company in a series of suits alleging unfair monopolization of the software market.

      Representation of technology company in litigation and arbitration

      We obtained a favorable settlement in state court litigation in Charlotte, North Carolina, in which our client, a provider of Internet connectivity and disaster recovery services, claimed that the defendant systems integrator sold it a far more expensive data storage and networking system than was appropriate. We also represented this client in a directors and officers insurance coverage dispute in arbitration arising from the indemnification of a former CEO of our client, which was resolved favorably.

      Represented a computer hardware and software company

      We acted on behalf of a computer hardware and software company that developed and sold a sophisticated CAD/CAM system to an architectural/engineering firm in Florida. We secured a judgment for our client of $400,000, as well as attorneys’ fees and costs.

      Represented Big Lots in multiple intellectual property matters

      We have represented Big Lots in multiple intellectual property matters in the Middle District of Tennessee, including the defense of claims for trademark infringement and copyright infringement arising from the sale of goods, resolving each favorably for our client.

      Represented Crye-Leike Realtors in a copyright action

      We represented Crye-Leike Realtors, one of the nation's largest residential real estate brokerage firms, in a copyright action brought by a magazine publisher in the Middle District of Tennessee, in which we obtained the complete dismissal of the action.

      Represented Exxon Mobil Corporation in a trademark infringement case

      We represented Exxon Mobil Corporation in the Eastern District of Tennessee in a trademark infringement case arising from a terminated dealer's refusal to remove the company's trademarks and alter store trade dress and obtained a permanent injunction.

      Represented Gibson Guitar Corp. in multiple trademark, trade dress, and trade secret actions

      We have represented Gibson Guitar Corp. in multiple trademark, trade dress, and trade secret actions in the Middle District of Tennessee seeking to protect the company’s famous trademark and trademarked guitar designs and instrument features from infringement by domestic and international instrument makers. We obtained injunctions or favorable settlements in each.

      Represented Men's Wearhouse, Inc. in multiple trademark infringement actions

      We have represented Men's Wearhouse, Inc. in multiple trademark infringement actions, both in enforcing the company's trademarks and defending trademark claims brought by others, obtaining favorable resolutions.

      Represented Southern Living in a case involving copyright infringement claims

      We represented Southern Living, Inc., publisher of Southern Living magazine and Southern Living House Plans, in the Northern District of Alabama in a four-year-long case involving dozens of copyright infringement claims.

      Represented Walt Disney Company in multiple trademark actions

      We have represented The Walt Disney Company in multiple trademark actions in the Middle District of Tennessee, including claims against unauthorized purveyors of Disney-licensed products (in which we obtained a $2.2 million default judgment, injunction, and an award of attorney's fees against the defendants for destroying evidence and other discovery abuses) and defending the company and one of its record labels in a claim brought by another record company (which we resolved favorably).

      Representing Bike Athletics in a patent infringement case

      We are currently representing Bike Athletics in the District of Kansas in a patent infringement case relating to football shoulder pads.

      Russell Corporation patent infringement case

      We represented Russell Corporation and Brooks Sports in the Eastern District of Texas in a patent infringement case. Russell, Brooks, and other leading sporting shoe manufacturers defended a series of complex patent infringement claims related to the construction of shoes. In 2008, we successfully settled the patent claims for our clients.