Trademark Litigation

Neon Systems, Inc. v. New Era of Networks. Co-counsel representing Plaintiff, Neon, in a common law trademark and dilution case filed in state court in Richmond, Texas. Defendant had adopted "NEON" as its stock ticker and was rebranding the New Era company as "NEON." The case was tried to a jury for two weeks, and the jury returned a verdict of infringement and dilution awarding Plaintiff $14 million in actual and $24.5 million in punitive damages. The court also issued a permanent injunction against defendant prohibiting any use of "NEON."

Engineered Mechanical Services v. Metalock. This was a trademark infringement case tried to the bench in the federal district court in Baton Rouge, Louisiana. At trial, Mr. Webb acted as lead counsel representing Engineered Mechanical Services, and obtained an injunction against the use of "Metalock" by the defendant.

Taco Cabaña v. Two Pesos.
Represented Taco Cabaña in a trade dress infringement action brought under Section 43(a) of the Lanham Act in federal court in Houston, Texas. Mr. Webb was responsible for several key depositions concerning the theft of the architectural designs, as well as pretrial briefing, and support for the damage part of the case. This was a seminal case (went to the U. S. Supreme Court). Our client prevailed at all levels, and all Two Peso restaurants were converted to Taco Cabañas.

Whopper Burger v. Burger King. Represented Whopper Burger as second chair in a trademark dispute over the trademark "Whopper." Successfully enforced an injunction against Burger King. Case resolved with significant payment to our client.

Citibank, N.A. of New York v. First City Bank. Was principal briefing attorney representing Citibank in the enforcement of the "Citi" mark. Case was tried to a jury. Mr. Webb was responsible for the instructions as well as pretrial and trial briefing. Jury found mark valid, but no likelihood of confusion given the restrictions on interstate banking at the time.

Citibank, N.A. of New York v. Citibanc Group of Alabama. Was principal briefing and trial assistant in a trademark dispute enforcing the Citi mark. Case tried to the bench in federal district court in Gadsden, Alabama. Injunction granted. Defendants changed their name. Affirmed on appeal to the Fifth Circuit Court of Appeals.

Anheiser Busch v. Bitwiser. Lead counsel representing Bitwiser in an administrative proceeding before the Trademark Trial and Appeal Board, and was successful in obtaining registration of "Bitwiser" over "Budweiser" and AB's opposition. Also prevailed on appeal to the Federal Circuit Court of Appeals.

Gucci and Nike v. Various John Doe Defendants. Represented plaintiffs in these counterfeit goods seizure cases against various retailers selling "knock off" goods. Mr. Webb assisted in obtaining and enforcing ex parte seizure orders resulting in the seizure and destruction of truck loads of counterfeit purses and athletic apparel in Houston.

Open Mortgage, Inc v. Open Mortgage, LLC. Represented Defendant in this trademark and cyber-squatting case filed in the Western District of Texas, Austin Division. Successfully moved for dismissal based upon lack of personal jurisdiction over Defendant where basis for jurisdiction was Defendant's website and e-mail traffic which incorporated the "Open Mortgage" mark.

Telephone: 512.590.2875
Fax: 512.892.1394
Email: wwebb@austin.rr.com
Contact Mr. Webb
E&E