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Trademark and Trade Dress Cases Handled By Coats & Bennett, PLLC

  • 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 N.C. 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): represented 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) represented applicant in trademark opposition proceeding and cancellation counterclaim. Confidential settlement.
  • Acton v. Dunsmoor, NO. 13 CVS013613 (Wake Co Superior Ct 2014): represented plaintiff in trademark infringement case regarding Adwords campaign. Confidential settlement.
  • Swoon Inc. v. Swoon Boutique Inc., Opposition no. 91209127 (T.T.A.B. 2014): represented 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) represented 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): represented 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): represented 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); represented 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); represented 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. ): represented 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): represented 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): represented 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): represented 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): represented 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 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.