Linda has over 35 years of experience in Intellectual Property, Antitrust, and Competitive Torts. She is named in The Best Lawyers in America for Intellectual Property and Franchise Law, and for Intellectual Property in Alabama Super Lawyers. Linda is a past chair of the Alabama Bar Association’s Section of Antitrust and Business Torts, and has lectured frequently on trademark and copyright topics, trade secret protection, as well as state and federal antitrust issues.
Linda has over 35 years of experience in intellectual property, antitrust, and competitive torts. She is named in The Best Lawyers in America for Intellectual Property and Franchise Law, and for Intellectual Property in Alabama Super Lawyers. Linda is a past chair of the Alabama Bar Association’s Section of Antitrust and Business Torts, and has lectured frequently on trademark and copyright topics, trade secret protection, as well as state and federal antitrust issues.
Linda’s litigation practice concentrates in trade regulation and marketing matters, including antitrust, competitive torts, copyrights, trademarks, trade secrets, franchisee/franchisor disputes, distributor/supplier disputes, and covenants not to compete. Linda regularly advises clients in these areas and on contract and distribution issues, and software contracts. Her practice includes selection, registration, and protection of trademarks; copyrights; licensing; and dispute resolutions. Linda has assisted clients in filing trademark applications in approximately 90 countries, and has defended and prosecuted opposition and cancellation proceedings in the U.S. and several foreign countries.
Linda has defended as well as prosecuted numerous intellectual property cases in federal district courts and on appeal to U.S. Courts of Appeals and before the Trademark Trial and Appeal Board. Linda currently serves on a Task Force of the Eleventh Circuit Court of Appeals to draft pattern jury instructions in copyright cases.
Representative Intellectual Property cases include:
Grand Slam Club/Ovis v. International Sheep Hunters Association, CV 2:06cv4643 (N.D. Ala. 2010)
After a two-week jury trial on trademark and copyright claims and counterclaims, the jury rendered a verdict for our client, Grand Slam Club/Ovis, on all counts, for a total of $1.9 million. The Court denied defendants’ post-trial motions and, in December 2010, entered permanent injunction in favor of our client along with money judgment.
William E. Poole Designs, Inc. v. Southern Living, Inc., CV-05-B-65-S (N.D. Ala.)
Defended Southern Living against copyright infringement claims in which the plaintiff sought damages in excess of $100 million based upon the alleged infringement of numerous house plans and artists renderings. On behalf of Southern Living, we also asserted counterclaims of trademark infringement in which we claimed that the plaintiff and its principal owner infringed the SOUTHERN LIVING mark by using the term in Google and Yahoo key word advertising campaigns, in its website metadata and in other ways on its website.
Huggins v. Beacon Communications, LLC CV-01-HGD-2919 (N.D. Ala.)
Copyright infringement suit by author who claimed movie, produced by our clients, infringed copyright in his novel. We succeeded in transferring case to California where defendants are located, and established that author’s failure to list his copyright as asset in his bankruptcy deprived him of standing to pursue claim.
Ramada Inns v. Gadsden Motel Co, 904 F.2d 1562 (11th Cir. 1986)
On appeal of judgment for client Ramada Inns, court upheld damages award for trademark infringement and breach of franchise agreement.
Other Representative Cases:
EBSCO Industries, Inc. v. Belco Services, Inc., et al., CV-03-BE-3253-S (N.D. Ala. 2004)
We successfully represented a business unit of EBSCO Industries to enforce non-disclosure agreements and to protect trade secrets in an action against former employees and their newly formed company. Following two days of testimony the Court entered a preliminary injunction. We then negotiated a settlement that resulted in entry of a permanent injunction against all defendants. Other terms of the settlement are confidential.
Moore-Handley, Inc. v. Handy Hardware (N.D. Ala. 2009)
Preliminary and permanent injunction secured for client ordering client’s competitor and former employees to honor non-compete agreements.
Tidmore Oil Co. v. BP Oil Co., 932 F.2d 1384 (11th Cir. 1991)
We successfully defended BP Oil Company against antitrust and breach of contract claims by one of its distributors which also operated retail stations under BP’s Gulf brand. The dispute arose when BP rejected Tidmore’s request to build a Gulf brand station at a location that was 2.6 miles away from a Gulf station operated directly by BP. The district court granted our motions for summary judgment on all claims and the judgment was affirmed on appeal.
Hopkins v. BP Oil, Inc., 81 F.3d 1070 (11th Cir. 1996)
We successfully defended BP against claims by three operators of BP gas stations of fraud and breach of contract. The plaintiffs claimed that they were shorted on gasoline they purchased when the gasoline lost volume, due to temperature change, after the gas was dispensed at BP’s terminal and before it was delivered to their stations. After a trial, the jury rendered verdicts against BP for breach of contract and fraud. We successfully appealed. The court on appeal held that the district court erred in denying BP’s motion for judgment as a matter of law on all claims against it, and therefore the court reversed the judgment below and rendered judgment in favor of BP.
Campbell v. Seabury Press, 614 F.2d 395 (5th Cir. 1980)
Secured summary judgment, affirmed on appeal, on libel claims against client, book publisher.
Linda represents businesses and individuals in acquiring and protecting intellectual property, including copyrights, trademarks, trade secrets, and other rights whether secured by license, inventorship, registration, or otherwise. Her clients have included information technology developers and licensors, software licensees, health care providers, publishers, authors, financial institutions, and businesses at every level of distribution. Linda’s transactional practice is informed by her extensive litigation experience involving intellectual property disputes and disputes in the related fields of marketing, competitive torts, and antitrust.