Press Releases
Hooters Hopes for a Favorable Appeal Shot Down by Florida Lawyer Defending Rival Chain Ker’s Winghouse
Florida litigation attorney G. Donovan Conwell (Don Conwell) and Ker’s Winghouse, a fast growing restaurant chain founded by former NFL Dallas Cowboys football star, Crawford Ker, defeated Hooters’ trade dress infringement lawsuit appeal last week, winning more than one million dollars in counterclaim damages against the prominent restaurant chain.
Tampa, Florida (PRWEB) June 20, 2006 -- Ker’s Winghouse, a fast growing restaurant chain founded by former NFL Dallas Cowboys football star, Crawford Ker, defeated Hooters’ trade dress infringement lawsuit appeal last week, winning more than one million dollars in counterclaim damages against the prominent restaurant chain (In the United States Court of Appeals for the Eleventh Circuit D.C Docket Number: 03-00116-CV-ORL-22-JGG).
Hooters’ appeal repeated allegations made by Hooters in its failed lawsuit against Ker’s Winghouse in the United States District Court that Ker’s Winghouse—whose female wait staff also wear short shorts and tank tops —unfairly copied proprietary elements from the "Hooters Girl" and from Hooters restaurant décor.
The decision by United States Circuit Court Judge Rosemary Barkett rejected Hooters' appeal, stating "Hooters’ trade dress infringement and dilution claims fail as a matter of law."
Ker's Winghouse was represented in both the trial and appellate courts by Florida litigation lawyer Don Conwell of Conwell Kirkpatrick, which partnered with the Tampa based law firm of Fowler White Boggs Banker to successfully defend Ker’s Winghouse. The appellate court’s written opinion affirming the judgment for Ker’s Winghouse in the trial court came quickly, only seven days after Conwell argued the appeal before the appellate court panel of judges.
"This is a great day for our client, which can now continue its head to head competition with Hooters in the market place, free of the threat of oppressive litigation," said attorney for Ker’s Winghouse, Don Conwell.
The litigation by Hooters against Ker’s Winghouse has been in the courts for several years. The case was tried in federal court in Orlando, Florida in November, 2004. In December, 2004, United States District Court Judge Anne Conway rejected Hooters’ trade dress infringement lawsuit claims and awarded $1.2 million in counterclaim damages to Ker’s Winghouse on a jury verdict in favor of Ker. Judge Conway adopted the arguments of Florida attorney Don Conwell that Hooters did not have protectable trade dress and that the trade dress of Ker’s Winghouse was not likely to confuse consumers.
After that verdict, Conwell stated, "The directed verdict and jury award completely vindicate Winghouse’s position that Hooters was using its wealth and muscle in the courts to try to unfairly exclude legitimate competition."
The lawsuit has been considered a significant case in intellectual property litigation and has received national televised attention with coverage on MSNBC and numerous other local and national press outlets.
About Conwell Kirkpatrick
Conwell Kirkpatrick, P.A. is a Florida based law firm specializing in trial and appellate litigation. CSK's Florida litigation attorneys specialize in the litigation of commercial and personal disputes as well as selective commercial and personal injury disputes. G. Donovan Conwell, Jr. and Wrede Kirkpatrick have extensive trial and appellate litigation experience in intellectual property and technology law cases. Conwell Kirkpatrick’s office is located in Tampa, Florida.
Florida litigation attorney G. Donovan Conwell (Don Conwell) and Ker’s Winghouse, a fast growing restaurant chain founded by former NFL Dallas Cowboys football star, Crawford Ker, defeated Hooters’ trade dress infringement lawsuit appeal last week, winning more than one million dollars in counterclaim damages against the prominent restaurant chain.
Tampa, Florida (PRWEB) June 20, 2006 -- Ker’s Winghouse, a fast growing restaurant chain founded by former NFL Dallas Cowboys football star, Crawford Ker, defeated Hooters’ trade dress infringement lawsuit appeal last week, winning more than one million dollars in counterclaim damages against the prominent restaurant chain (In the United States Court of Appeals for the Eleventh Circuit D.C Docket Number: 03-00116-CV-ORL-22-JGG).
Hooters’ appeal repeated allegations made by Hooters in its failed lawsuit against Ker’s Winghouse in the United States District Court that Ker’s Winghouse—whose female wait staff also wear short shorts and tank tops —unfairly copied proprietary elements from the "Hooters Girl" and from Hooters restaurant décor.
The decision by United States Circuit Court Judge Rosemary Barkett rejected Hooters' appeal, stating "Hooters’ trade dress infringement and dilution claims fail as a matter of law."
Ker's Winghouse was represented in both the trial and appellate courts by Florida litigation lawyer Don Conwell of Conwell Kirkpatrick, which partnered with the Tampa based law firm of Fowler White Boggs Banker to successfully defend Ker’s Winghouse. The appellate court’s written opinion affirming the judgment for Ker’s Winghouse in the trial court came quickly, only seven days after Conwell argued the appeal before the appellate court panel of judges.
"This is a great day for our client, which can now continue its head to head competition with Hooters in the market place, free of the threat of oppressive litigation," said attorney for Ker’s Winghouse, Don Conwell.
The litigation by Hooters against Ker’s Winghouse has been in the courts for several years. The case was tried in federal court in Orlando, Florida in November, 2004. In December, 2004, United States District Court Judge Anne Conway rejected Hooters’ trade dress infringement lawsuit claims and awarded $1.2 million in counterclaim damages to Ker’s Winghouse on a jury verdict in favor of Ker. Judge Conway adopted the arguments of Florida attorney Don Conwell that Hooters did not have protectable trade dress and that the trade dress of Ker’s Winghouse was not likely to confuse consumers.
After that verdict, Conwell stated, "The directed verdict and jury award completely vindicate Winghouse’s position that Hooters was using its wealth and muscle in the courts to try to unfairly exclude legitimate competition."
The lawsuit has been considered a significant case in intellectual property litigation and has received national televised attention with coverage on MSNBC and numerous other local and national press outlets.
About Conwell Kirkpatrick
Conwell Kirkpatrick, P.A. is a Florida based law firm specializing in trial and appellate litigation. CSK's Florida litigation attorneys specialize in the litigation of commercial and personal disputes as well as selective commercial and personal injury disputes. G. Donovan Conwell, Jr. and Wrede Kirkpatrick have extensive trial and appellate litigation experience in intellectual property and technology law cases. Conwell Kirkpatrick’s office is located in Tampa, Florida.