Premier Pools Wins Another Dallas Jury Verdict in Trade Name Lawsuit
Rose•Walker law firm prevails again for Texas swimming pool firm
DALLAS – Trial lawyers from Dallas-based Rose•Walker, L.L.P., have won a second jury verdict in a long-fought court battle over the trade name held by Lewisville, Texas’ Premier Pools Inc., a family-owned, longtime builder of custom swimming pools in North Texas.
In 2012, Premier Pools filed suit against Nevada’s Premier Pools Management Corp. (PPMC), and Allen, Texas-based Shan Pools Inc. to stop the companies from doing business as Premier Pools and Spas.
Following the first trial in 2013, jurors said the Premier Pools’ trademark was eligible for protection in four Texas counties, and that the defendants willfully infringed the company’s trademark. The same jury awarded no financial damages, and found there was no irreparable harm. The defendants sought and were granted a new trial.
On Sept. 24, 2014, a new jury in the 101st District Court in Dallas found the “Premier Pools” name eligible for trademark protection in 12 Texas counties, including Dallas, Denton, Tarrant, Rockwall and Collin counties. The jury also found that Premier Pools’ brand was irreparably harmed by PPMC and Shan Pools.
The verdict requires the defendants to pay more than $450,000 to Premier Pools for lost profits resulting from the misuse of its brand. Jurors also found that the defendants willfully infringed the trademark, causing customer confusion and dilution.
“For 25 years, three generations of the Dodd family worked tirelessly to establish Premier Pools Inc. as North Texas’ preeminent custom pool builder,” says Rose•Walker attorney Bryan Rose, lead counsel for Premier Pools. “In doing so, they clearly established a solid reputation and a trade name that deserve legal protection.”
The defendants began operating as Premier Pools and Spas in 2011 despite knowing that Texas-based Premier Pools already was operating the same type of business in the North Texas market.
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. More information about the firm is available at http://www.rosewalker.com.