Litigation Cases


Pearson’s Inc. v. Ackerman, Civil Action No. 7:18-cv-00013-BP.

July 29, 2019

Pearson’s Inc. v. Ackerman et al, Civil Action No. 7:18-cv-00013-BP.

In 2019 Brandon Leavitt successfully defended a small cattle rancher in a trade dress infringement suit by a large manufacturer of cattle chutes. The matter proceeded to a federal trial, where Mr. Leavitt ultimately proved that the Plaintiff’s registered trade dress was invalid and should be cancelled. In a true David and Goliath moment, the Plaintiff had demanded millions of dollars from Mr. Leavitt’s client––and lost its own federal trade dress registration in the process.

In establishing his case, Mr. Leavitt demonstrated how the United States Patent and Trademark Office might sometimes grant a trademark or trade dress that is nevertheless unenforceable in other jurisdictions, and provided a clear analysis on complex trademark issues such as: functionality, abandonment, fraudulent procurement, laches, unclean hands, equitable estoppel, and fair use.

To learn more about Mr. Leavitt’s winning argument in Pearson’s Inc. v. Ackerman, Civil Action No. 7:18-cv-00013-BP, read his Final Brief to the Court, or read the Judge’s Final Ruling agreeing with Mr. Leavitt’s arguments on all essential grounds.