As lead trial counsel, David Mayberry has helped clients resolve intellectual property law claims at trial, in arbitration, through mediation and creative settlements outside the courtroom. He has complex litigation experience in trademark, copyright, patent, trade secret, franchise and antitrust cases. Mr. Mayberry also counsels clients on trademark and trade dress enforcement and protection issues. Mr. Mayberry is listed in the 2010 and 2011 editions of Chambers USA: America's Leading Lawyers for Business for Intellectual Property: Trademark, Copyright & Trade Secrets. He is AV® rated by Martindale-Hubbell. Professional & Community Activities American Bar Association, Intellectual Property Section, Forum on Franchising, Member American Inns of Court District of Columbia Bar Association, Intellectual Property Law Section, Member International Trademark Association, Member, Advanced TTAB Practice Forum, Past Chair North Carolina Bar Association, Intellectual Property Section, Member Virginia Bar Association, Intellectual Property Law Section, Member Experience Thomasville Furniture Industries Inc. v. Alvin T. Lambeth d/b/a Thomasville Freight Lines, Lead counsel for Thomasville Furniture, Inc. Obtained judgment, permanent injunction and order for attorney's fees.
Thomasville Furniture Industries, Inc. v. Alvin T. Lambeth d/b/a Thomasville Freight Lines, No. 1:09-cv-00625-WO-LPA (M.D.N.C. Feb. 7, 2011). Sara Lee Corp. v. Kayser-Roth Corp., Represented Sara Lee Corporation, makers of L'EGGS hosiery, as plaintiff against one of its major competitors in a trademark and trade dress infringement suit challenging the competitor's hosiery mark and packaging design. Obtained a preliminary injunction against the competitor's infringing mark and packaging design. Following a trial, Sara Lee secured a verdict defeating the defendant's claims of genericness, non-liability, laches, and acquiescence, which was affirmed by the Fourth Circuit.
Sara Lee Corp. v. Kayser-Roth Corp., 81 F.3d 455 (4th Cir. 1996). Intellectual property advice for Furniture Brands International, Inc., Represents Furniture Brands International, Inc., the world's leading manufacturer of home furnishings, including such brands as Broyhill, Thomasville, Drexel Heritage, Henredon, Lane and Maitland-Smith, working closely with in-house counsel, and advises on all aspects of the Thomasville's intellectual property and marketing strategies, including design protection and enforcement, anti-piracy and licensing. Culp Inc. v. Valley Forge Fabrics Inc. and Marriott International Design & Construction Services Inc., Lead counsel for Marriott International Design & Construction Services Inc. Successfully defended Marriott in a copyright case.
Culp Inc. v. Valley Forge Fabrics Inc., No. 1:08-cv-00606-US-PTS (M.D.N.C. filed Aug. 25, 2008). Logan v. Burgers' Ozark County Cured Hams, Inc., Defended a subsidiary of Sara Lee Corporation against claims of patent infringement and negotiated a very favorable settlement at a below market rate from the plaintiff.
Logan v. Burgers' Ozark County Cured Hams, Inc., No. 2-97-CV-1361 (W.D. La. filed July 9, 1997) (case consolidated with Nos. 2-97-CV-1362 and 2-97-CV-1363). Trademark counsel to Putt-Putt LLC, Represents Putt-Putt LLC, an entertainment franchise company, as counsel on all aspects of the company's business, including licensing of the Putt-Putt mark for use in smart phones, business and corporate strategy, franchise law and trademark protection, to develop into a leading brand owner in its industry. Lord Corporation v. S&B Technical Products Inc., et al., Counsel for Lord Corporation. Prosecuted Lanham Act claims in trade secret case. Case pending.
Lord Corporation v. S&B Technical Products, Inc., et al., No. 5:09-cv-00205-D (E.D.N.C.). Thomasville Furniture Industries Inc. v. Thomasville Express Inc. et al., Lead counsel for Thomasville Furniture, Inc. in trademark infringement action.
Thomasville Furniture Industries, Inc. v. Thomasville Express, Inc., et al., No. 1:09CV623 (M.D.N.C., Mar. 17, 2010). HBH Ltd. Partnership v. Honey Baked Ham Co. and Leon Denning, Lead counsel for HBH Limited Partnership in a trademark infringement case which resulted in injunctive relief to enjoin infringement by use of sponsored links on the Internet.
HBH Ltd. P'ship v. Honey Baked Ham Co. and Leon Denning, No. 03-7961 (N.D. Ill. filed Nov. 10, 2003). Lead trial counsel for Sara Lee Corporation, Lead trial counsel for Sara Lee Corporation company in numerous Lanham Act, false advertising, and patent infringement cases including three winning trials before Trademark Trial and Appeal Board. Sara Lee Corp. v. Kayser-Roth Corp., Opp. No. 101,979 (SHEER ENERGY and SHEER ELEGANCE v. SHEER ENDURANCE for hosiery); Sara Lee Corp. v. Goldstone Hosiery Co., Can. No. 22,732 (T.T.A.B. 2001)( L'EGGS v. GOLDEN LEGS for hosiery); Hygrade Food Products Corp. v. CRB Co., Opp. No. 103,744 (T.T.A.B. 2000)(BALLPARK franks v. "BALLPARK Draft") Other Trademark Litigation Cases: Sara Lee Corp. v. Pro Sports, Inc., 2004 WL 537926 (M.D.N.C. 2004). Sara Lee Corp. v. Kayser-Roth Corp., 1992 WL 436279 (M.D.N.C. 1992). Trademark litigation for Pearson Education Inc., Represented Pearson Education Inc., the world's largest educational publisher, in obtaining an injunction to prevent the use of mymathlabhelp.com, as a site offering to use a student's user name and password to complete homework assignments on Pearson Education Inc.'s popular mymathlab.com website. In addition to claims under the Lanham Act, the complaint was also based on violations of the Computer Fraud and Abuse Act as well as state claims. The defendants agreed to stop providing this service and to transfer the domain name to our client. Homelife Communities Group v. Homelife Realty Services, Inc., et al., Counsel for Atreus Homes and Communities LLC in trademark case, obtained and damage experts and fraud on Patent and Trademark Office claims.
Homelife Communities Group v. Homelife Realty Services, Inc., et al., Case No. 1:06-cv-1607, (N.D. Ga., argued April 22, 2008). Marriott International Inc. v. Sunburst Hospitality Corporation, Lead counsel for Marriott International Corporation in trademark infringement litigation to enforce rights in Residence Inn, Courtyard and Marquis brands.
Marriott International, Inc. v. Sunburst Hospitality Corp., No. 1:07-CV-859 (E.D. Va. Apr. 29, 2008). Patent and trademark portfolio management work for Renfro Corporation, Manage Renfro Corporation's intellectual property trademark portfolio. Negotiate licenses for the company, which is a leading hosiery manufacturer, with many of the world's leading designer brands and counsels the company on all aspects of marketing, advertising and distribution strategies. Taltwell LLC v. Zonet USA Corp., Lead counsel for Taltwell Limited Liability Company in patent litigation against Zonet USA Corp. involving patents relating to credit card sized PCMCIA modems.
Taltwell, LLC. v. Zonet USA Corp., No. 07-00543 (E.D. Va. filed Sept. 4, 2007). Holdover franchisee and non-compete matter for a coffee franchisor, Lead trial counsel for a coffee franchisor in holdover franchisee and covenant not to compete case. The firm obtained substantial monetary settlement after commencing case. Consumerinfo.com Inc. v. Money Management International Inc., Lead appellant counsel for Money Management International Inc. in a trademark infringement appeal to the Ninth Circuit. Mandate reversed summary judgment and vacated $1.2 million award of attorney's fees.
Consumerinfo.com Inc. v. Money Management International Inc., Nos. 08-56705 and 09-55228, 2010 WL 882868 (9th Cir. March 11, 2010). Trademark litigation for a retail specialty food franchisor, Represented a retail specialty food franchisor which resulted in summary judgment on six count complaint followed by favorable settlement of counterclaim for discharge from obligation to pay continuing fee in trademark assignment in perpetuity. Carlotta Amson v. Hormel HealthLabs Inc., et al., Lead counsel for Hormel Foods Corporation, a Fortune 500 company, in unfair competition case which resulted in preliminary injunction to enforce covenant not to compete followed by recovery upon trade secret misappropriation claim.
Carlotta Amson v. Hormel HealthLabs, Inc., et al., No. 04-1463, (E.D. Va. filed Dec. 6, 2004). Marriott International Inc. v. Leview Boymelgreen, Lead counsel for Marriott International Corporation in trademark infringement litigation to enforce the trademark rights of its Residence Inn, Courtyard and Marquis brands.
Marriott International Inc. v. Leview Boymelgreen, No. 06-CV-15440 (S.D.N.Y. July 16, 2007). Successful defense of CHOICE brand credit card for Citibank, Represented Citibank in general trademark enforcement matters, which included working with in-house counsel and other attorneys to successfully defend Citibank's right to use the CHOICE brand credit card. Representation also included use of creative fee solutions for billing that allowed Citibank to meet internal financial goals. Sunkist Soft Drinks Inc. v. Sunkist Growers Inc., Counsel for Sunkist Growers Inc. in a case involving a soft drink trademark license agreement. The arbitration hearing resulted in an award of no damages. The 11th Circuit Court of Appeals affirmed the decision.
Sunkist Soft Drinks Inc., et al. v. Sunkist Growers Inc., 10 F.3d 753 (11th. Cir. 1993). Georgia Pacific Consumer Products LP v. Myers Supply Inc., Inland Supply Inc., Four-U-Packaging, Inc. and Superior Janitor Supply Inc., Counsel to Georgia-Pacific LLC in the enforcement of their trademark rights with respect to the paper towels dispensed by the enMotion motion activated paper dispenser. Working with in-house counsel, we have helped develop and execute a cuttingedge enforcement strategy. Case pending.
Georgia Pacific Consumer Products LP v. Myers Supply Inc., 6:08-cv-6086 (W.D.Ar.).
Georgia Pacific Consumer Products LP v. Inland Supply Inc., 3:09-cv-246 (D.Nv.).
Georgia Pacific Consumer Products LP v. Four-U-Packaging, Inc., 3:09-cv-1071 (N.D.Oh. - Western Division).
Georgia Pacific Consumer Products LP v. Superior Janitor Supply, Inc., 09-cv-323 (S.D.Oh. - Western Division). Business and corporate strategy and trademark protection for HBH Limited Partnership, Represents HBH Limited Partnership in all aspects of the company's business including business and corporate strategy, trademark enforcement and protection. Thomasville Furniture Industries Inc. v. Terry W. Little d/b/a Thomasville Furniture Integrity Group, Lead counsel for Thomasville Furniture, Inc. Obtained judgment, permanent injunction and order for attorney's fees.
Thomasville Furniture Industries, Inc. v. Terry W. Little d/b/a Thomasville Furniture Integrity Group, No. 1:09-cv-00624-WO-LPA (M.D.N.C. Feb. 7, 2011). Mirafi Inc. v. Jerry Murphy et al., Lead counsel for defendants in a patent infringement claim, in which patent declared to be invalid, not infringed and treble damages on counterclaim for unfair competition awarded.
Mirafi, Inc. v. Jerry Murphy, 14 U.S.P.Q. 2d 1337 (W.D.N.C. 1989). Trademark litigation for a Fortune 100 global infrastructure and financial services company, Successfully defended a Fortune 100 global infrastructure and financial services company's corporate slogan against a claim by a third party which asserted ownership of the mark. Working closely with in-house counsel we collaborated on a winning strategy which resulted in the Trademark Trial and Appeal Board entering judgment for our client as a discovery sanction, thus resulting in substantial cost savings for the client. Logan v. Hormel Foods Inc. et al., The firm served as lead counsel on behalf of Hormel Foods Corporation in an infringement suit brought in the Eastern District of Texas regarding the technology involved in spiral slicing ham. We successfully argued for the transfer of the case from EDTX to another District which had previously construed the claims of the patent-in-suit. After a successful Markman hearing early in the case, we were granted summary judgment which was later affirmed by the Federal Circuit. (Judge Davis).
Logan v. Hormel Foods Inc. et al., No. 6:04-cv-211 (E.D. Tex. filed May 4, 2004). Logan Farms v. Honeybaked Ham, Co-trial counsel for the Honey Baked Ham Company, successfully defended the company against claims for breach of contract, fraud and patent infringement. Working with trial counsel from another firm, we were able to develop a strategy which resulted in erasure of a jury verdict against the company.
Logan Farms v. Honeybaked Ham, No. 01-1611 (S.D. Tex. filed Dec. 15, 2000). *Experience gained by attorney prior to joining Kilpatrick Townsend Publications 07 December 2010, Facebook Updates Promotion Guidelines, Legal Alerts 24 November 2010, Use of "Made with Renewable Materials" and "Made with Renewable Energy" claims in Advertising under the FTC's Proposed Revised Green Guides, Legal Alerts 15 November 2010, Use in Advertising of Certifications and Seals of Approval Under the FTC's Proposed Revised Green Guides, Legal Alerts 11 November 2010, Using "Organic" In Advertising: FTC Declines to Issue Guidance in Proposed Green Guides Revisions, Defers to U.S. Dept. of Agriculture, Legal Alerts 11 November 2010, "Recycled Content" Claims under the FTC's Proposed Revised Green Guides, Legal Alerts 04 November 2010, FTC's Proposed Revised Green Guides Provide New Guidance on "Free-of" and "Non-toxic" Claims, Legal Alerts 12 October 2010, FTC's Proposed Revised Green Guides Warn Against General "Green" Claims, Legal Alerts 21 May 2010, "A Kind of Rebuttable Presumption:" The Sixth Circuit Recognizes a Strong Inference of Likely Dilution by Tarnishment and Shifts the Burden of Production to Defendants Selling "Sex-Related Products", Legal Alerts 05 April 2010, Appeals Court in Tiffany v. eBay strikes a blow to trademark owners looking to protect brands in the internet marketplace, but provides glimmer of hope in pursuing false advertising claims, Legal Alerts 15 March 2010, The Impact of In Re Sones
Source: Law 360, Articles 16 December 2009, De Niro, Pacino, Settle Right of Publicity Case, Legal Alerts 01 January 2009, Likelihood of Confusion Surveys
Source: Intellectual Property Desk Reference, Other Publications 01 January 2009, Sweepstakes and Game Promotions Basics
Source: Intellectual Property Desk Reference, Other Publications 01 August 2006, Right Appeal, Wrong Party: How the Federal Circuit Likely Will Interpret Amended Rule 3 of the Federal Rules of Appellate Procedure
Source: Intellectual Property Today, Articles 01 January 2006, Acquisition and Protection of Trademark Rights Under United States Law
Source: Intellectual Property Desk Reference, Other Publications 21 July 2005, Federal Circuit Prioritizes Sources For Patent Claim Construction, Legal Alerts 26 August 2003, Intellectual Property Master Class: "Madrid Protocol: International Trademark Filing Regime", Podcasts 06 April 2001, Practical Tips on Trademark Litigation: Litigation Before the Trademark Trial and Appeal Board: A Different Set of Rules
Source: American Bar Association, Section of Intellectual Property Law, Articles 01 June 1997, Design Patents and the Obviousness Standards
Source: Campbell Law Observer, Articles 01 May 1997, Design Patent Basics
Source: Campbell Law Observer, Articles 28 April 1997, Trademarks 101: An Introduction to the Field
Source: North Carolina Lawyers Weekly, Articles News 13 June 2011, Kilpatrick Townsend Again Earns Highest Recognition From CHAMBERS USA 2011, News Releases 25 April 2011, Kilpatrick Townsend Receives Top Recognition in World Trademark Review 1000, News Releases 21 June 2010, Kilpatrick Stockton Earns National Ranking from Chambers USA 2010 in Intellectual Property: Trademark, Copyright & Trade Secrets, News Releases 21 June 2010, Kilpatrick Stockton's Washington, D.C. Office Earns High Recognition from Chambers USA 2010 in Intellectual Property: Trademark, Copyright & Trade Secrets, News Releases 14 June 2010, Kilpatrick Stockton Again Earns Highest Recognition From CHAMBERS USA 2010, News Releases Events 26 May 2010, Referential Use Of A Mark In Advertising, Where and How To Draw The Line Between Fair Use And Foul Play, Events 07 December 2009, Recent Decisions Affecting Trademark Practice, Events |