Trademark Infringement Case Settlement

Favorable Unfair Competition/Trademark Infringement Settlement Obtained
for Global DNA Nutritional Client Against Competitor

 

Coming off the heels of her fraud jury verdict for our franchisee client, SWB attorney Regina Schneider favorably settled an unfair competition/trademark infringement lawsuit in the United States District Court for the Eastern District of Texas. Ms. Schneider successfully represented a worldwide leading distributor of DNA-based custom nutrition against a competitor for unfair competition and trademark infringement by using marks confusingly similar to our client’s registered marks.

After limited discovery and brief motion practice, our client’s competitor agreed to a settlement protecting our client’s intellectual property and other proprietary information by prohibiting its use of confusingly similar marks and soliciting our client’s promotors.

Congratulations, Regina, on a terrific business result for our client!

Contact us today if your company needs to protect its intellectual property and confidential information. We welcome the opportunity to explore business solutions for you.


Carlisle A. Braun is a value-added business attorney who regularly serves as outside general counsel for midsize and small businesses, particularly in the real estate, franchising and hospitality industries. Mr. Braun is often the first call when companies encounter business issues with legal implications. Acting as a strategic advisor, Mr. Braun provides timely and on-demand legal counsel in order to execute and implement progressive solutions for his clients’ businesses.

SWB Secures Jury Verdict in Franchise Dispute

SWB Attorneys Secure Jury Verdict for Fraud and Fraudulent Transfer in Franchise Dispute

Our client, a weight-loss franchisee, achieved a complete victory in the 429th District Court of Collin County after a nearly five-year battle. The franchisor claimed it had granted our client the use of an exclusive patented three-step weight loss process for sale to customers. However, the franchisor did not own any patents and the weight loss system did not work. After our client and other franchisees discovered no patents existed for the treatment, its owner then began fraudulently transferring personal and company assets to an affiliated weight loss company.

Once the owner put the franchisor into bankruptcy, SWB attorneys Josh Weems and Regina Schneider tried the remainder of the case against the owner and affiliated company to a jury. After only a few hours of deliberation, the jury returned a verdict in favor of our client finding the owner had defrauded our client into becoming a franchisee, accepting payment of the franchise fee, and then fraudulently transferring assets to the affiliated company. Congratulations, Josh and Regina, on a fantastic result for our client!

Contact us today if you are facing a franchise dispute.


Carlisle A. Braun is a value-added business attorney who regularly serves as outside general counsel for midsize and small businesses, particularly in the real estate, franchising and hospitality industries. Mr. Braun is often the first call when companies encounter business issues with legal implications. Acting as a strategic advisor, Mr. Braun provides timely and on-demand legal counsel in order to execute and implement progressive solutions for his clients’ businesses.