INTELLECTUAL PROPERTY: Marcus has handled numerous cases involving intellectual property rights. The cases involve the ownership and / or infringement of copyrights, trademark, trade dress, and trade secrets. A few examples of these cases include:
Electronic Voice Services v. Aitcheson – This copyright infringement lawsuit was filed in the US District Court for the Northern District of Alabama by Marcus Chatterton and Will Hill Tankersley against an individual who had been “pirating” and copying proprietary computer software designed by a firm client. After defeating a jurisdictional challenge, Marcus and Will Hill obtained a judgment of nearly $200,000 for willful infringement.
Paxton and Thau Artistic Supply, LLC v. House of Forgings, Inc. – This copyright infringement and trade dress lawsuit was filed in the US District Court for the Northern District of Alabama by Marcus Chatterton and Will Hill Tankersley against a company that had “knocked-off” a distinctive ornamental cast-iron design owned by a firm client. After defeating a hard-fought summary judgment motion, the case settled on terms favorable to our client—including a cash settlement and a permanent injunction that forbids the other party from selling the disputed products.
Paxton and Thau Artistic Supply, LLC v. Crescent City Iron, Inc. – This copyright infringement and counterfeit trademark lawsuit was filed in the US District Court for the Northern District of Alabama by Marcus Chatterton and Will Hill Tankersley against a company that had “knocked-off” a distinctive ornamental cast-iron design owned by a firm client. The case settled in favor of our client.
Triton Systems v. Global Cash Services – This action involved claims of unfair competition and trade secret misappropriation filed in the Mississippi chancery court against a firm client.
REAL PROPERTY: Another significant aspect of Marcus’ practice involves defending clients against property damage claims and against adverse claims of ownership.
Hatcher v. Alabama Power Company – This action alleged property damage related to fallen power lines, and unfair billing practices by Alabama Power Company. Marcus obtained summary judgment in favor of the Power Company. In addition, Marcus prevailed on a motion for sanctions against the plaintiff under the Alabama Litigation Accountability Act. The Jefferson County Circuit Court ordered the plaintiff to pay the full cost of Alabama Power’s defense.
Woods v. Alabama Power Company – Marcus successfully defended the power company against claims of property damage related to a fallen light pole.
Martin v. Alabama Power Company – Marcus obtained summary judgment in favor of the Power Company on claims of trespass, property damage, and breach of contract related to its utility poles and distribution lines in a remote section of Hale County, Alabama.
Subsidence Litigation – Along with Chuck Burkhart, David Burkholder, and Houston Smith, Marcus is defending several large corporations against claims of property damage and diminution allegedly caused by subsidence from underground coal mining in Walker County, Alabama. Many of these cases have already been disposed of by dismissal or summary judgment in favor of the corporations, and the litigation team is aggressively defending the remaining claims.
PERSONAL INJURY:
Langston v. Alabama Power Company – This personal injury lawsuit was filed in St. Clair County, Alabama by a pipe fitter who was injured while working near the elevated ceiling of a partially constructed warehouse. He alleged that his injuries were caused by a ventilation fan when the Power Company activated electricity to the warehouse. Marcus obtained summary judgment in favor of the Power Company.
Perry v. Alabama Power Company – This personal injury lawsuit was filed in Jefferson County, Alabama by an individual who was injured when she tripped over a section of pavement she claimed was disturbed by the Power Company. Marcus obtained a dismissal in favor of the Power Company.
BUSINESS LITIGATION:
Pierce v. Extra Space Storage, Inc. – Marcus represented small business owners who lost all their business equipment in a fire and suffered lost profits and business opportunities as a result. The case settled two days before trial. The terms of settlement are confidential.