Eric P. Stevens

Partner

Areas of Experience

Services
Business Litigation
Financial Transactions Litigation
General Litigation
Intellectual Property
Industries
Entertainment
Franchise
Hospitality
Manufacturing

Education

Mercer University, JD, 1990, magna cum laude

Wake Forest University, BA, 1987, cum laude

Professional and Community Activities

Member, Board of Directors, Wake County Bar Association

Chair, Public Service Committee, Wake County Bar Association

Member, Board of Directors, NC REAL

Member and Serve on the Information Resources Committee, International Trademark Association (INTA)

North Carolina Bar Association, Litigation Section

Chair, Organ/Chancel Renovation Committee, Hayes Barton United Methodist Church, 2003

Recent Publications

Jurisdictions Licensed

301 Fayetteville Street, Suite 1900, Raleigh, NC 27601	t: 919.783.1017	\|	email
P.O. Box 1801, Raleigh, NC 27602-1801	f: 919.783.1075	\|	vcard

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 cancelation proceedings before the Trademark Trial and Appeal Board of the USPTO.

Representative Experience

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.

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

read all representative experience