Chris Schwegmann

• Represented Mary Kay Inc. in various state and federal lawsuits involving trademark infringement, copyright infringement, and false advertising claims against unauthorized cosmetic retailers. Chris has obtained injunctive relief against unauthorized retailers, shutting them down, and in one case, won a judgment after a two-week jury trial in federal court. The jury in that case found that the defendants’ conduct was willful, disgorged their profits, and awarded attorneys’ fees.
• Represented Rent-A-Center in trademark and false advertising litigation against its primary competitor Aarons Rents, Inc.
• Represented Mastronardi Produce in trademark and design patent infringement litigation involving the package design for grape tomatoes against a major local competitor.
• Represented All American Pharmaceutical & Natural Foods Corporation in trademark infringement litigation against a local distributor of nutritional supplements.
• Represented All American Pharmaceutical & Natural Foods Corporation in two separate multi-party patent litigation cases in the Central District of California, both involving patents related to certain nutritional supplements.
• Represented Wireless Xcessories Group, Inc. in trademark infringement litigation against a major local wireless provider.
• Represented a major defense contractor in patent infringement litigation involving radio frequency identification technology.
• Represented a Chilean manufacturing company in trade secret litigation involving certain copper mining technology.
• Represented GE Capital in a two-week fraudulent transfer case against a national bank. After a two-week jury trial, the jury unwound the entire transaction and awarded millions of dollars to GE Capital.
• Represented GE Capital in litigation to recover a private jet from the Democratic Republic of the Congo after being seized by local authorities. Later, Chris represented GE Capital in litigation in Dallas County against the guarantor to recover a deficiency judgment related to the same jet. After a short bench trial, Chris secured a substantial verdict.
• Represented a medical imaging company in a multi-million dollar, bet-the-company arbitration involving a material-adverse-effect clause in an asset purchase agreement. After a two-week arbitration, Chris obtained a take-nothing judgment in favor of his client from a three-judge panel of arbitrators.
• Represented a printing company in a landlord tenant dispute in state court against a landlord claiming substantial damages. After a week-long jury trial, Chris obtained a take-nothing judgment against the landlord and recovered damages on a counterclaim and all of the tenant’s attorneys’ fees.
• Successfully represented various litigants in the Courts of Appeals. Recent published opinions include: Budd v. Max International, LLC, 339 S.W.3d 915 (Tex. App.—Dallas 2011) (involving an arbitration dispute) and Nexus Recovery Center, Inc. v. Mathis, 336 S.W.3d 360 (Tex. App.—Dallas 2011) (involving a “health care liability” claim).

Your intellectual property may be your most important asset.  It is often the product of years of investment and hard work. LPCH wants to help you protect and guard it from those who copy or misappropriate it.

Your business may also be threatened by other entities who allege infringement of their supposed intellectual property rights. LPCH wants to help defend you against such attacks.

The IP practice at LPCH is different from many of the specialty firms because we are trial lawyers who handle all types of complex civil litigation. We understand how to present complicated ideas to judges and juries in a clear, persuasive manner. Indeed, that is our greatest skill as trial lawyers.

At the beginning of each case, we focus on the critical issues and the best path to an early victory by identifying key pressure points, and we work to develop case strategies early. As a result, we help our clients gain the leverage they need to resolve these cases on their terms.

Our clients return to us because we win while still staffing our cases leanly and efficiently. We also undertake IP litigation on a fixed or contingent fee basis, where warranted, to better serve our clients’ needs.

Experience Highlights

LPCH represented Mary Kay Inc. in a battle over the use of the trademark “MK”. Mary Kay sought to enforce a contractual agreement regarding to the use of the initials “MK” on cosmetics and cosmetic products. Mary Kay alleged that Michael Kors breached the agreement by using the letters “MK” on certain cosmetic products jointly marketed with Estee Lauder Inc.

LPCH was lead trial counsel for Mastronardi Produce (d/b/a Sunset Produce) and Worldwide Plastics in trademark and design patent litigation brought by NatureSweet in federal court in Dallas. This trademark infringement and design patent case involved two of the largest tomato growers and distributors in North America. This case also involved unsettled law found at the intersection of trademark, trade dress, and design patent infringement law.

Patents often represent a company’s most valuable assets.  With the rapid advances in technology, patents are being increasingly contested in courtrooms by companies large and small.  Trial lawyers at LPCH regularly litigate patent infringement matters on both sides of the docket, representing a wide variety of companies and investors, and have handled all aspects of patent litigation. Our proven experience in patent litigation includes cases involving electronics, consumer products, nutraceuticals, and internet technology.  Our skilled trial lawyers vigorously defend and enforce our clients’ rights in cases pending in courts all over the United States.

The patent practice at LPCH is different from many of the specialty firms because we are trial lawyers who handle all types of complex civil litigation.  We understand how to present complicated subjects and technologies to judges and juries in a clear, persuasive manner.  Indeed, that is our greatest skill as trial lawyers.

At the beginning of each case, we focus on the critical issues and the best path to an early victory by identifying key pressure points, and we work to develop case strategies early. As a result, we help our clients gain the leverage they need to resolve these cases favorably.

Patent infringement lawsuits have unique protocols, and many cases are won or lost during the initial stages of the case, which includes the disclosure of infringement and invalidity contentions, and the investigation and ultimate determination of claim construction. Our clients return to us because we win while still staffing our cases leanly and efficiently.