Below are some intellectual property
lawsuits with Joe Calhoun listed as counsel of record:
1. Defense counsel in Denmel Holdings, LLC et al. v. Mizco Int’l, Inc.
et al. (2010, District of Utah): primary allegations of patent
infringement; confidential settlement, with client continuing business as
usual.
2. Plaintiff's
counsel in Kelly Foundation, Inc. v. Quapaw House, Inc. (2009, Eastern
District of Arkansas): primary allegations of copyright infringement, trademark
infringement and unfair competition; judgment for permanent injunction entered.
3. Plaintiff’s counsel in Foster v. Boch
Industries, Inc. (2009, Western District of Arkansas): primary allegations
of breach of contract and deceit concerning inventorship and ownership of
technology (and a related patent application), and control of commercialization
of the technology; case settled after partial summary judgment awarding client
co-ownership of technology and related patent application, declaratory judgment
that the defendant’s licensing of the technology was unauthorized, and summary
adjudication of liability for breach of contract and conversion. (Reported at
2009 U.S. Dist. LEXIS 15185.)
4. Defense counsel in Blair v. World
Tropic Productions, Inc. (2007, Western District of Arkansas): primary
allegations of copyright infringement; confidential settlement after granting
of partial summary judgment that client was not liable to plaintiff for direct
copyright infringement, and was not liable for common law punitive damages
(reported at 502 F.Supp.2d 828), and (on motion for reconsideration) granting
summary judgment dismissing Plaintiff’s multi-million dollar claim for
statutory damages, and disqualifying Plaintiff from a possible related award of
attorneys fees. Collaborated with attorneys of Jack, Lyon & Jones
(predecessor of Jack, Nelson, Jones, Jiles & Gregory PA), representing two
co-defendants.
5. Defense counsel in American Honda
Motor Co, Inc. v. Homier Distributing Co., Inc. (2007, Central District of
California): primary allegations of patent infringement and unfair competition;
relieved as defense counsel after negotiating an agreement for client to be
represented by counsel for client’s Chinese supplier.
6. Plaintiff’s counsel in Russco III,
Inc. v. Kids of America Corporation (2007, Eastern District of Arkansas):
primary allegations of copyright infringement and unfair competition;
confidential settlement.
7. Defense counsel in CleanCut LLC v.
Wickman Products LLC (2007, District of Utah): primary allegations of
patent infringement and unfair competition; confidential settlement, with
client continuing business.
8. Plaintiff’s counsel in Russco III,
Inc. v. Target Corporation (2006, Eastern District of Arkansas): primary
allegations of copyright infringement and unfair competition; confidential
settlement.
9. Plaintiff’s counsel in Ralls v. Ralls
(2004 & 2006, Faulkner County, Arkansas, Circuit Court): primary
allegations of state trademark infringement and unfair competition; judgment of
infringement and permanent injunction, then judgment of willful contempt of
permanent injunction, and award of costs and attorneys fees.
10. Defense counsel in Berkeley
Products, Inc. v. Axxonn Leisure Products, Inc. (2005, Central District of
California): primary allegations of patent infringement, trademark infringement
and unfair competition; confidential settlement, with client continuing
business.
11. Defense counsel in Classic
Accessories, Inc. v. Homier Distributing Co., Inc. (2005, Western District
of Washington): primary allegations of trademark infringement and unfair
competition; confidential settlement, with client continuing business.
12. Defense counsel in Bandana Co. Inc. v.
Homier Distributing Co., Inc. (2005, Western District of Kentucky); primary
allegations of patent infringement and unfair competition; confidential
settlement, with client continuing business.
13. Defense counsel in Statco Hearing
Laboratories, Inc. v. Hanks (2005, Pulaski County, Arkansas, Circuit
Court): primary allegations of state trademark infringement and unfair
competition; offer of judgment entered, for injunction.
14. Defense counsel in American Sports
Analysts, Inc. v. Kivo (2005, Western District of Wisconsin): primary
allegations of copyright infringement and unfair competition; confidential
settlement, with client continuing business.
15. Defense counsel in Diversified
Inspections/ Independent Testing Laboratories, Inc. v. Consolidated Fleet
Services, Inc. (2004, Eastern District of Arkansas): primary allegations of
trade secret misappropriation; confidential settlement, with client continuing
start-up business.
16. Defense counsel in Designs In Copper, Inc.
v. Homier Distributing Co., Inc. (2004, Western District of Virginia):
primary allegations of copyright infringement and unfair competition;
confidential settlement, with client continuing business.
17. Defense counsel in Pioneer Hi-Bred
International, Inc. v. Zinser (2004, Eastern District of Arkansas): primary
allegations of patent infringement; confidential settlement.
18. Defense counsel in Street &
Performance Electronics, Inc. v. Service Tool & Fabrication, Inc.
(2004, Pulaski County, Arkansas, Circuit Court): primary allegations of
business defamation, theft of trade secrets, unfair and deceptive trade
practices, and intentional interference with business and contractual
relations; summary judgment dismissing all claims, summary judgment granting
counterclaim for debt owed and awarding costs and attorneys fees.
19. Defense counsel in Northstar Industries,
Inc. v. Aftersort, Inc. (2003, Eastern District of Arkansas): primary
allegations of patent infringement and unfair competition; preliminary
injunction successfully defended, then confidential settlement, with client
continuing start-up business.
20. Defense counsel in United Systems of
Arkansas, Inc. v. Walz Postal Solutions, Inc. (2003, Eastern District of
Arkansas): primary allegations of patent infringement and unfair competition;
confidential settlement, with client continuing business.
21. Defense counsel in Weathervane Capitol,
Inc. v. Homier Distributing Co., Inc. (2001, Eastern District of Arkansas):
primary allegations of patent infringement and unfair competition; confidential
settlement, with client continuing business.
22. Plaintiff’s counsel in declaratory judgment
action in Russco III, Inc. v. Designs In Copper, Inc. (2001, Eastern District
of Arkansas): primary allegations of patent infringement; authorized by
insurance carrier to file pre-emptive suit in Arkansas (rather than awaiting
imminent suit on West Coast where legal fees are much higher); confidential
settlement, with client continuing business.
23. Plaintiff’s counsel in Milk Specialties
Co., Inc. v. Land ‘O Lakes, Inc. (1996, Northern District of Illinois):
primary allegations of trademark infringement, unfair competition and false
advertising; confidential settlement agreement.
24. Defense counsel in Graham Webb
International Limited Partnership v. Emporium Drug Mart, Inc. (1995,
Eastern District of Arkansas): primary allegations of trademark infringement,
unfair competition and tortious interference; defense summary judgment
(reported at 916 F. Supp. 909), dismissing all claims.
25. Defense counsel in
First Nationwide Bank
v. Nationwide Savings & Loan (1988, Eastern District of Arkansas):
primary allegations of service mark infringement and unfair competition;
verdict for Plaintiff (reported at 682 F. Supp. 965), for injunction.