A team of Buchalter Nemer attorneys including Matthew Seror, Robert S. Addison, Jr., and Russell Allyn, litigators and members of Buchalter’s Consumer Products, Apparel and Textiles Industry Group, recently obtained summary judgment as to all causes without hearing in Houston, Texas on behalf of our client, FHI Brands, a leading provider of professional haircare products.
Senior Judge Nancy F. Atlas held that Farouk Systems, “failed to present evidence that raises a genuine issue of material fact regarding at least one essential element of each of its claims.” In particular, she found that FHI Heat did not infringe on Farouk Systems’ copyrights because there was no evidence that Farouk Systems holds valid copyrights to the works in question; claims of trade dress infringement related to the use of a red and black color combination were invalid because its use was generic and not consistently used by Farouk Systems; and FHI Heat did not breach a contract with Farouk Systems because no contract exists between the two parties. To view the entire ruling, click here.
Buchalter Nemer’s attorneys also recently filed a motion to require Farouk Systems to pay for its fees and costs because Farouk Systems filed the lawsuit for improper purposes.
Our highly specialized intellectual property litigation attorneys are often engaged to handle IP issues in a diverse array of industries. From providing intensive strategic counseling, managing a full range of IP transactions, and engaging in patent and trademark prosecution and litigation, our attorneys keep clients ahead of the curve in domestic and international markets. Buchalter Nemer is one of the few law firms with a specialized practice in the beauty and consumer products industries, and a global industry reputation.