True Homes LLC v. CMH Manufacturing, Inc. and CMH Homes, Inc.

Cadwalader successfully represented Clayton Homes Inc. in a jury trial on April 1 in federal court in the Western District of North Carolina.

In the case, True Homes LLC v. CMH Manufacturing, Inc. and CMH Homes, Inc. (the manufacturing and retail divisions of Clayton Homes’ manufactured housing division), True Homes, LLC, a Charlotte-based semi-custom home builder, alleged that Clayton Homes infringed on its trademark by making and selling mobile homes under the names “Tru Homes” and “Tru.” The lawsuit alleged that just two weeks after acquisition talks broke off between Clayton Homes, Inc., a Berkshire Hathaway company, and True Homes LLC, CMH filed to register the marks “Tru Homes” and “Tru” for low-end mobile homes, infringing on their registered mark. After a four-day trial, the jury determined that there was no trademark infringement, negating the need to go to a damages phase of the trial.

Founded in 1956, Clayton is committed to opening doors to a better life and building happyness through homeownership. In 2020, Clayton built 56,240 homes across the country. Clayton is a Berkshire Hathaway company.

The Cadwalader team was led by Charlotte litigation partner Anne Tompkins (Picture), who was brought onto the trial team before summary judgment and continued on as trial co-counsel with Tom Thagard and Jay Lester from Maynard Cooper in Birmingham, Alabama. Supporting Tompkins on the Cadwalader team were litigation partners Jonathan Watkins, Amanda Devereux, and Jared Stanisci and litigation associate Marshall Jones.

Involved fees earner: Amanda Devereux – Cadwalader Wickersham & Taft; Marshall Jones – Cadwalader Wickersham & Taft; Jared Stanisci – Cadwalader Wickersham & Taft; Anne Tompkins – Cadwalader Wickersham & Taft; Jonathan Watkins – Cadwalader Wickersham & Taft; James Lester – Maynard, Cooper & Gale; Thomas Thagard – Maynard, Cooper & Gale;

Law Firms: Cadwalader Wickersham & Taft; Maynard, Cooper & Gale;

Clients: Clayton Homes;

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Author: Martina Bellini