Mr. Prescott Ward Smith

Practice Details

• Firm Information
  Position

  Attorney

  Firm Name

  Dykema
• Representative Cases & Transactions
  Cases

  Representative Experience
  Represented food supplement companies in multiple actions filed in Texas
  New Jersey involving claims
  counterclaims for false advertising under the Lanham Act
  Represented a Dallas not-for-profit pediatric hospital as plaintiff in an action asserting trademark infringement
  dilution of the client's common law marks by competitor hospital
  the matter settled on the eve of the trial with the defendant's agreement to change its name
  Obtained favorable settlement in two matters for a domestic publisher seeking to protect its intellectual property rights against foreign defendants, one located in Germany, the other in Turkey
  Represented motor home dealer in dispute with competitor in litigation before administrative bodies of the Texas Department of Transportation,
  in appeals brought in Texas district
  appellate courts. Buddy Gregg Motor Homes, Inc v. Motor Vehicle Board of the Texas Department of Transportation, 156 S.W. 3d 91 (Tex. App.-Austin 2004)
  179 S.W. 3d 589 (Austin 2005)
  Successfully resolved litigation involving a defendant's attempt to make parody use of client's established trademark, with defendant agreeing to change its mark
  Represented winery in action for trademark infringement
  dilution caused by marketing
  sale of drain cleaning gun
  action settled with defendant agreeing to change its mark
  Pro bono representation of mother in custody
  divorce action resulting in mother obtaining custody of child after trial established likely abuse by father
  Statutory drafting
  related counseling in connection with the Dallas Strong Mayor initiative
  Assisted in representation of a major international reinsurance brokerage firm in a dispute with a competitor arising from the client's hiring of two key executives from the competitor. The request to enjoin the executives from working for the client was defeated,
  the matter was ultimately settled to the satisfaction of the client upon the merger of the client with the competitor.