Eric focuses his practice on intellectual property law and litigation. He works with large and small companies to identify and protect their crucial intellectual property assets, including trademarks, copyrights, trade secrets, computer software, and internet websites and domain names. He prosecutes trademark registration applications before the United States Patent and Trademark Office and handles opposition and cancelation proceedings before the Trademark Trial and Appeal Board of the USPTO. He assists clients in negotiating intellectual property transactions such as the sale or licensing of trademarks, copyrights, patented inventions, trade secrets, and proprietary and open source software. He counsels clients regarding rights of privacy and publicity, internet law, trade secrets, and intellectual property aspects of entertainment law. During more than fifteen years of intellectual property litigation experience, Eric has represented clients in intellectual property disputes involving trademark and copyright infringement, domain name piracy, software licensing, trade secret theft, violations of publicity and privacy rights, and false advertising.
ICF Incorporated, LLC v. Terri Bennett Enterprises, LLC, Cancellation Proceeding (Trademark Trial and Appeal Board)(2011) – Represented trademark owner in opposition proceeding before the Trademark Trial and Appeal Board in which the petitioner sought cancellation of our client’s trademark registration on grounds of alleged prior use of the mark. .
Carolina Food Sales v. Xpient Software Solutions and POS Technology, Inc. (U.S. District Court, Eastern District of North Carolina) (2012). Represented restaurant franchise in lawsuit against vendor and reseller of point-of-sale software system.
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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.
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