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Areas of Practice
Intellectual Property
and
Commercial Litigation
Education
J.D., Mercer
University (Magna Cum Laude), 1990
B.A., Wake Forest
University (Cum Laude), 1987
Profile
Eric
focuses his practice on intellectual property law and commercial litigation.
Eric has substantial experience representing clients in intellectual
property litigation, including trademark infringement, domain name piracy,
copyright, software licensing, trade secrets, right of publicity, and false
advertising. Eric also is experienced in other forms of commercial
litigation, including franchise disputes, unfair or deceptive trade
practices, disputes over employee restrictive covenants and fiduciary
duties, contract and Uniform Commercial Code disputes, and disputes over
insurance coverage of intellectual property matters. Eric also advises
clients on trademark and copyright matters, prosecutes applications for
federal trademark registration in proceedings before the United States
Patent and Trademark Office, and handles opposition and cancellation
proceedings before the Trademark Trial and Appeal Board of the USPTO.
Recent
Cases of Note
Golden
Corral Corp. et. al v. CTD-3B, L.L.C. et. al (U.S. District Court, Eastern
District of North Carolina)(2003)
- Represented Golden Corral restaurant
franchisor in suit against franchisee for breach of contract and service
mark infringement for continuing to use well-known service marks without
authorization after termination of the franchise agreement.
Static Control Components, Inc. v. Future
Graphics, LLC (U.S. District Court, Middle District of North Carolina)(2004)
- Represented Future Graphics in dispute
concerning whether Static Control Components engaged in false
advertising and business libel by issuing a publication that allegedly
disparaged a product marketed by Future Graphics.
Total Sports, Inc. v. Total Sports, SDN BHD
(U.S. District Court, Eastern District of North Carolina)(2001)
- Represented Malaysian corporation in
successful defense of U.S. District Court lawsuit for trademark
infringement and domain name "cyberpiracy." The District Court
set aside a default judgment it had previously entered against the
Malaysian corporation and dismissed the lawsuit on grounds it lacked
jurisdiction because the corporation did not have sufficient contacts
with the United States for the court to exercise jurisdiction.
Triangle Residential Designs, Inc. v.
Prudential Prime Properties, et. al. (U.S. District Court, Eastern District
of North Carolina)(2003)
- Defended copyright infringement lawsuit
against realty company and realtor and secured an early settlement for
the company. The realtor marketed and sold several newly constructed
homes that were allegedly made from plans that the builder had used
without securing permission from the architect who designed the home
plans.
Servant’s Heart Christian Gifts, Inc. v.
Balloons, Inc. (U.S. District Court, Eastern District of North
Carolina)(2002)
- Represented Balloons, Inc., a seller of
gift balloons, which was accused of infringing copyright in another
company’s artwork. The case settled on terms favorable to Balloons,
Inc after we successfully moved the court to dissolve a restraining
order that had been issued.
GE Investment Private Placement Partners II
v. Teddy Dale Parker, 247 F.3d 543 (4th Circuit 2001)
- Counsel for Ted Parker (Seller) in $50
million lawsuit involving fraud and business valuation issues arising
from the sale of mobile home retail sales business to General Electric.
The dispute was litigated in three separate courts simultaneously. The
case settled at mediation after the 4th Circuit Court of
Appeals affirmed the dismissal of GE’s lawsuit for RICO and securities
fraud against Parker.
Professional/Community
Activities
Member,
Board of Directors, NC REAL
Member
and Serve on the Information Resources Committee, International Trademark Association (INTA)
North Carolina Bar Association, Litigation
Section
Notable Accomplishments
President, Leadership Raleigh Alumni
Association (2004-2005)
Chair, Organ/Chancel Renovation Committee,
Hayes Barton United Methodist Church (2003 to present)
Chair, Disaster Legal Services Committee of
Young Lawyers Division of North Carolina Bar Association (1992-95)
Publications
Trademark Protection Guide, Poyner
& Spruill LLP (2003)
Copyright Infringement and the Use of Architectural
Works, What Realtors Need to Know, Tar Heel
Realtor, June/July 2003
An Introduction to the Process of Obtaining Cross
Border Trademark Protection After U.S. Adoption of the Madrid Protocol, Vol.
13, No. 2 International Law Newsletter, International Law and Practice
Section of the North Carolina Bar Association, May 2004
Jurisdictions Licensed
North Carolina, United States Court of Appeals for the
Fourth Circuit
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