Victor Calvin Johnson

Practice emphasizes all aspects of complex commercial and intellectual property litigation with an emphasis on trademarks, copyrights, anti-counterfeiting & brand protection, trade secrets and unfair competition. Previously the Senior Judicial Law Clerk (1999-2000) and Judicial Law Clerk (1998-1999) to The Honorable Jeannette Theriot Knoll, Associate Justice, Louisiana Supreme Court. Mr. Johnson was listed as a top trademark litigation practitioner in Texas in World Trademark Review 1000 for 2011, voted as one of "The Best Lawyers Under 40 in Dallas" in the May 2006 issue of D Magazine and was named a "Texas Rising Star" for 2006 by Texas Monthly and Law & Politics Magazine.

Litigation examples
Mr. Johnson is a trial lawyer with experience in state and federal courts around the United States. Some of his recent litigation includes:

Intellectual Property (Patent, Trademark, Copyright & Trade Secret)
Bose Corp. v. Vertigo Online, et. al. (Northern District Texas) - represented Bose Corporation in trademark and copyright infringement action arising from the unauthorized use and reproduction of Bose’s trademarks and copyright and sale of counterfeit Bose products. Obtained judgment award of $1.25 million plus attorney’s fees and permanent injunction prohibiting any unauthorized use or reproduction of Bose’s trademarks or copyrights and any unauthorized sale of Bose products and other significant brand protection measures.

BMC Software v. CrabbyHacker.com, et. al. (Southern District Texas) - represented BMC Software in Digital Millennium Copyright Act (DMCA) and trademark and copyright infringement action arising from the circumvention and trafficking in technology that circumvented BMC’s measures that controlled access to copyrighted material. Obtained Ex Parte Search & Seizure Order and Ex Parte the Ex Parte Temporary Restraining Order and with U.S. Marshalls conducted simultaneous raid on the defendants’ home, office and ISP to seize evidence and halt operations. Case settled by Consent Judgment of $1 million and Permanent Injunction and significant brand protection measures.

Bose Corp. v. Azizdirect.com, et. al. (Northern District Texas) - represented Bose Corporation in trademark and copyright infringement action arising from the unauthorized use and reproduction of Bose’s trademarks and copyrights and sale of counterfeit Bose products to U.S. and international consumers. Obtained Ex Parte Search & Seizure Order and Ex Parte the Ex Parte Temporary Restraining Order and with U.S. Marshalls conducted simultaneous raid on the defendants’ offices, warehouse and distribution center and seized approximately $500,000 in counterfeit Bose products. Obtained injunction prohibiting any unauthorized use or reproduction of Bose’s trademarks or copyrights and any unauthorized sale of Bose products. Case Pending.

Bose Corp. v. SilonSonic, Inc., et. al. (Southern District New York) - represented Bose Corporation in patent, trademark and copyright infringement action arising from the unauthorized use and reproduction of Bose’s patents, trademarks and copyrights and sale of counterfeit Bose products to U.S. and international consumers. Obtained Ex Parte Search & Seizure Order and Ex Parte the Ex Parte Temporary Restraining Order and with U.S. Marshalls conducted simultaneous raid on the defendants’ offices, warehouse and distribution center and seized approximately $25,000 in counterfeit Bose products. Obtained Preliminary Injunction after contested hearing prohibiting any unauthorized use or reproduction of Bose’s trademarks or copyrights and any unauthorized sale of Bose products. Case settled by Consent Judgment with Permanent Injunction and significant brand protection measures.

North Dallas Enviroscape, Inc v. Rainforest Creations, Inc., et al. (Eastern District Texas) - Represented North Dallas Enviroscape, Inc. in false advertising (Lanham Act) and misappropriation of business method case arising from the defendants’ palming off of plaintiff’s works as its own. Along with lead counsel, obtained $4.7 million jury verdict.

Bose Corp. v. Sunshine Electronics, Inc., et. al. (Eastern District New York) - represented Bose Corporation in patent, trademark and copyright infringement action arising from the unauthorized use and reproduction of Bose’s patents, trademarks and copyrights and sale of counterfeit Bose products. Case settled by So Ordered Agreement with Permanent Injunction and significant brand protection measures.

Bose v. Etronics.com (Northern District Texas) - represented Bose Corporation in trademark and copyright infringement action arising from the unauthorized use and reproduction of Bose’s trademarks and copyrights and unauthorized sale of Bose products. Case settled by Consent Judgment with Permanent Injunction and significant brand protection measures.

Bose v. Tatum Electronics, et al. (Northern District Texas) - represented Bose Corporation in trademark and copyright infringement action arising from the unauthorized use and reproduction of Bose’s trademarks and copyrights and unauthorized sale of Bose products. Case settled by Consent Judgment with Permanent Injunction and significant brand protection measures.

Commercial litigation
Represented noted architect William B. Croft in breach of contract, fraud and negligent misrepresentation litigation against a national architectural firm. Along with lead counsel, obtained a jury verdict in excess of $4 million, including punitive damages.

United States of America and State of Texas, et al. v. ResCare, Inc., et al. (Northern District Texas) - represented defendant in federal and state False Claims Act (FCA) litigation brought by Texas Attorney General and United States Department of Justice alleging false and misleading claims submission to the Texas Medicaid program and seeking more than $4.5 billion in damages. Case settled for less than 0.05 percent of the damages sought by the Government.

United States of America, et al. v. Driscoll Children’s Hospital, et al. (Southern District Texas) -represented Driscoll Children’s Hospital and the Driscoll Foundation in False Claims Act litigation brought by United States Department of Justice alleging false and misleading claims submission to the Texas Medicaid program and seeking more than $50 million in damages and potential debarment from the Medicaid program. Case settled on favorable terms.

Driscoll Children’s Hospital v. KPMG Peat Marwick (Texas State Court - Corpus Christi) - represented Driscoll in accounting malpractice suit. Obtained favorable settlement on eve of trial.

Bose Corp. v. SteveCo., Inc. (Southern District New York) - represented Bose Corporation in breach of contract and contributory trademark infringement action arising from the defendant’s unauthorized sale of Bose products to non-authorized retailers and distributors. Case settled on favorable terms, including Permanent Injunction and significant brand protection measures.

Rodriguez v. Dallas Basketball Limited (Texas State Court - Dallas) - represented Mark Cuban’s Dallas Mavericks basketball team in class action litigation seeking more than $100 million in damages. Case settled for less than 2% of claims.

Driscoll Children’s Hospital v. Chubb Insurance Company (Texas State Court - Corpus Christi) - represented Driscoll in breach of contract and bad faith action against insurance company. Obtained favorable settlement after denial of defendant’s motion for summary judgment.

Amalgamated Gadget, L.P. and NYC 999, L.L.C. v. Cornelius Mack and John Bianchi - (Northern District Texas) Representing Amalgamated Gadget, L.P. and NYC 999, L.L.C. in securities fraud action involving laundering of securities to avoid insider trading rules.