Gavin B. Parsons - Ward and Smith, P.A.

Honors and Distinctions*

Representative Experience

Patent Infringement Litigation

Represented a patent holder in a jury trial and an appeal to the Federal Circuit concerning patent infringement claims, ultimately securing a confidential settlement.
Defended an online retailer against patent infringement claims related to a utility patent, achieving a dismissal with prejudice after a Rule 11 letter and motion were served.
Defended against a patent infringement claim involving commercial replacement parts in the Middle District of North Carolina.
Represented a manufacturer in defending against patent infringement allegations in the Western District of North Carolina.

Copyright Litigation

Defended a small business in a copyright infringement and trade dress case, resulting in the dismissal of all claims.
Prosecuted a copyright infringement suit for a home designer against a builder, draftsperson, and homeowners, reaching a confidential settlement.
Brought a copyright infringement claim against a baby garment manufacturer, securing a confidential settlement.
Defended a general contractor, draftsman, and homeowners in a copyright infringement dispute over an architectural design, resulting in a dismissal.
Negotiated a confidential pre-suit settlement of copyright infringement damages from an infringing construction company on behalf of an architectural design firm.

Trademark & Trade Dress Infringement Litigation

Defended an online retailer against trade dress infringement claims over aftermarket parts, resulting in a dismissal without any payment after the close of discovery.
Successfully defended a client in a trademark infringement case, dismissing all claims with no settlement payment, aside from minor label adjustments.
Represented a magazine publisher in a trademark infringement suit against a competitor, leading to a positive confidential outcome.
Secured an arrest order for a defendant violating a preliminary injunction in a trademark infringement case, leading to a significant judgment for attorney’s fees and damages.
Obtained a permanent injunction against a foreign defendant in a trademark and copyright infringement case, resulting in the defendant’s Amazon Marketplace account shutdown.
Represented trademark holders in proceedings before the United States Trademark Trial and Appeal Board, successfully achieving desired outcomes.

Trade Secret Litigation

Defended a client against federal and Alabama trade secret misappropriation claims involving electronic files improperly handled by a new hire.
Represented a business in trade secret litigation, leading to a confidential settlement as part of the sale of the company.

Commercial Litigation

Represented a minority shareholder in a case against the majority owner, resulting in a confidential settlement and payout for the shareholder’s interest in the business.
Defended a business purchaser against breach of contract claims related to a multi-million-dollar indemnification escrow, successfully upholding the client’s position.
Represented a minority LLC owner in a dispute with majority stakeholders over the buyout and valuation of their interest.
Defended a petroleum supplier in a civil action challenging an NCDOT encroachment approval, successfully dissolving a preliminary injunction that jeopardized a $12 million project, and securing summary judgment on all claims.
Advocated for a group of physicians in a contract dispute with an accountable care organization in the NC Business Court, obtaining a temporary restraining order and an early settlement.
Served as trial counsel for a national book distributor in a federal jury trial over personal guarantee breaches, winning a $29 million judgment. Further represented the same client to enforce the judgment, ultimately negotiating a substantial settlement.
Prosecuted a breach of contract action for a municipality in the NC Business Court, leading to a settlement affirming the municipality’s rights and expanding its customer base.

Professional and Community Affiliations