August 14, 2024, RegitzMauck Press Release
On January 24, 2024, RegitzMauck secured a final judgment in the defendants’ favor in Scoots Smashburgers Inc. v. Young et al., Case No. 7:23-CV-26-O (N.D. Tex. 2023). The plaintiff (Scoots Smashburgers) had asserted intellectual property rights in its shipping container restaurant and accused the defendants’ restaurant (Smash Daddy’s) of infringement. The plaintiff’s claims (i.e., trademark/trade dress infringement, copyright infringement, Texas DTPA) had all been dismissed by the time RegitzMauck filed its motion for summary judgment on the defendants’ trademark/trade dress invalidity and non-infringement counterclaims, which the Court granted. The Court also awarded the defendants a portion of their attorneys fees under the Copyright Act.
“It was a relatively clean win,” said Mike Regitz. “The plaintiff’s claims were all dismissed at various stages of the litigation, and we prevailed on our counterclaims at summary judgment. However, while our clients were awarded a portion of their attorney’s fees under the Copyright Act, we feel strongly that they were entitled to recover the rest under the Lanham Act by obtaining the invalidity and non-infringement declaratory judgments. There was good cause to repeatedly sanction both the plaintiff and its counsel in this case, and the defendants should have been made whole as a result.”
Defendants were represented by Mike Regitz and Dustin Mauck of RegitzMauck and Robert Balch of the Law Office of Robert Balch. Plaintiff was represented by John Cook of the Moster Law Firm.
RegitzMauck is an intellectual property boutique based in Dallas, Texas. The firm focuses on providing value-based legal services to cost-conscious clients seeking high quality legal representation in intellectual property, cybersecurity, and data privacy matters and disputes.