Hooters Hopes for a Favorable Appeal Shot Down by Florida Lawyer Defending Rival Chain Kers Winghouse



Ker's8217;s Winghouse, a fast growing restaurant chain founded by former NFL Dallas Cowboys football star, Crawford Ker, defeated Hooters's8217; trade dress infringement lawsuit appeal last week, winning more than one million dollars in counterclaim damages against the prominent restaurant chain (In the United States Court of Appeals for the Eleventh Circuit D.C Docket Number: 03-00116-CV-ORL-22-JGG).

Hooters's8217; appeal repeated allegations made by Hooters in its failed lawsuit against Ker's8217;s Winghouse in the United States District Court that Ker's8217;s Winghouse's8212;whose female wait staff also wear short shorts and tank tops 's8212;unfairly copied proprietary elements from the 's8220;Hooters Girl's8221; and from Hooters restaurant décor.    

The decision by United States Circuit Court Judge Rosemary Barkett rejected Hooters's8217; appeal, stating 's8220;Hooters's8217; trade dress infringement and dilution claims fail as a matter of law.'s8221;

Ker's8217;s Winghouse was represented in both the trial and appellate courts by Florida litigation lawyer Don Conwell of Conwell, Sukhia and Kirkpatrick, which partnered with the Tampa based law firm of Fowler White Boggs Banker to successfully defend Ker's8217;s Winghouse.     The appellate court's8217;s written opinion affirming the judgment for Ker's8217;s Winghouse in the trial court came quickly, only seven days after Conwell argued the appeal before the appellate court panel of judges.

's8220;This is a great day for our client, which can now continue its head to head competition with Hooters in the market place, free of the threat of oppressive litigation,'s8221; said attorney for Ker's8217;s Winghouse, Don Conwell.

The litigation by Hooters against Ker's8217;s Winghouse has been in the courts for several years. The case was tried in federal court in Orlando, Florida in November, 2004. In December, 2004, United States District Court Judge Anne Conway rejected Hooters's8217; trade dress infringement lawsuit claims and awarded $1.2 million in counterclaim damages to Ker's8217;s Winghouse on a jury verdict in favor of Ker. Judge Conway adopted the arguments of Florida attorney Don Conwell that Hooters did not have protectable trade dress and that the trade dress of Ker's8217;s Winghouse was not likely to confuse consumers.

After that verdict, Conwell stated, 's8220;The directed verdict and jury award completely vindicate Winghouse's8217;s position that Hooters was using its wealth and muscle in the courts to try to unfairly exclude legitimate competition.'s8221;

The lawsuit has been considered a significant case in intellectual property litigation and has received national televised attention with coverage on MSNBC and numerous other local and national press outlets.

About Conwell, Sukhia & Kirkpatrick
Conwell, Sukhia & Kirkpatrick, P.A., is a Florida law firm specializing in trial and appellate litigation. CSK's8217;s Florida litigation attorneys specialize in commercial, plaintiff's8217;s personal injury and white collar criminal disputes. G. Donovan Conwell, Jr. and Wrede Kirkpatrick have extensive trial and appellate litigation experience in intellectual property and technology law cases. Mr. Don Conwell is the former Chair of the ABA's8217;s Computer and Internet Litigation Committee and has been voted by his peers in 2005 and 2006 as one of Florida Trend'ss 's8220;Legal Elite.'s8221; Ken Sukhia is the former presidentially appointed United States Attorney for North Florida and has handled over 80 state and federal jury trials and over 80 appeals. He has represented President George W. Bush, Florida Governor Jeb Bush, the Florida Senate and Florida Attorney General Charlie Crist. Conwell, Sukhia & Kirkpatrick, P.A. have offices in Tampa and Tallahassee, Florida.

Media Contact:
Cathy Ross
Conwell, Sukhia & Kirkpatrick, P.A
813-282-8000
www.CSKlawfirm.com





Hooters Hopes for a Favorable Appeal Shot Down by Florida Lawyer Defending Rival Chain Kers Winghouse