Dallas Court Affirms Premier Pools’ Trademark Infringement Verdict

Appellate ruling resolves small-business horror story, permanently enjoins competitor 

DALLAS – A Dallas appellate court has affirmed a Lewisville, Texas, pool construction business’ trademark infringement verdict, agreeing that a rival business had improperly appropriated the company’s trademarked name and permanently enjoining the competitor from doing business in North Texas, lawyers from the Rose•Walker, L.L.P., law offices announced Monday.

The Aug. 12 ruling from the Court of Appeals for the Fifth District of Texas at Dallas affirms a September 2014 jury verdict, which found that Premier Pools Inc. had suffered economic damages and irreparable harm through confusion caused by another company with the same name operating in the same region. The opinion enjoins the defendants from operating in a 12-county region in North Texas and affirms a $450,000 lower court verdict.

The appellate court agreed that Premier Pools had lost business and experienced brand dilution from willful trademark infringement by Premier Pools Management Corp., a Nevada-based company that licensed use of its name to Allen, Texas-based Shan Pools Inc. Shan Pools began operating as Premier Pools and Spas in 2011 despite knowing that Premier Pools Inc. had been operating in North Texas since 1989.

The decision closes a chapter on the long-running dispute. Texas-based Premier Pools Inc. filed its lawsuit in 2012 after the defendants refused requests to stop using the company’s trademark. In 2013, a Dallas County jury ruled in favor of Premier Pools Inc. but did not award economic damages. The defendants appealed that verdict, resulting in the 2014 retrial where jurors awarded Premier Pools $450,000 in lost profits and damages.

“This was a real small-business horror story for Premier Pools, which spent a generation building its reputation one customer at a time,” says lead attorney Bryan Rose of Dallas-based Rose•Walker. “Trademarks are designed to prevent competitors from coming in and benefitting from someone else’s hard work and good name. We’re pleased that the appellate court agreed with Dallas jurors and affirmed this important verdict.”

Rose•Walker LLP is a national trial and business law firm, focusing on complex civil litigation and corporate legal matters. With offices in Texas, California and Colorado, the firm represents businesses and individuals, and its many major courtroom victories have helped Rose•Walker earn a national reputation for excellence.