KD&P is proud to sponsor a new writing competition at Baylor Law School, “The Ultimate Writer Competition,” through its Legal Writing Center. Top prize, in addition to cash, is a clerkship opportunity with our firm.
Congratulations to KD&P partner Thad Spalding and associate Christy Wollin for their win Friday in the Fort Worth Court of Appeals. The case arose out of the faulty installation of the HVAC unit in the Young family’s new house which resulted in severe mold damage to the home and personal injury to the family. After the trial court dismissed the parents’ claims for failing to disclose them in bankruptcy, and then sanctioned the young-adult children for even filing their claims, Thad and Christy were able to convince the Fort Worth Court of Appeals to reverse the judgment, allow the parents’ claims to proceed to trial, and set aside the sanctions award against the kids. You can read the opinion here.
Congratulations to KD&P’s Thad Spalding, and trial counsel—Marty Rose and Bryan Rose of Rose Walker—for successfully defending a common law trademark infringement, trademark dilution, and unfair competition jury verdict on behalf of their client, Premier Pools—a North Texas, family-owned pool builder who had been in business for almost 30 years before an out-of-state licensor started to unfairly compete in the North Texas market using a nearly identical name. After Marty and Bryan convinced a Dallas jury that the licensor’s and Texas licensee’s conduct constituted trademark infringement, trademark dilution, and unfair competition, Premier Pools was awarded lost profits, disgorged profits, and permanent injunctive relief. The licensor and Texas licensee appealed and, on August 12, 2016, the Dallas Court of Appeals affirmed all of the jury’s findings and the bulk of the trial court’s judgment. You can read the Dallas court’s opinion here.