Mr. G. Cresswell Templeton III | Attorney

SUMMARY OF EXPERIENCE

Mr. Templeton is an AV rated partner in Hill, Farrer & Burrill LLP, specializing in complex business and intellectual property litigation.

Over the past nineteen years, he has successfully brought and defended numerous federal and state cases and class actions involving:

• Trademark, copyright, and patent infringement
• Misappropriation of trade secrets
• Unfair competition
• False advertising
• Securities violations
• Partnership disputes
• Real estate disputes
• Insurance coverage and bad faith

Additionally, as an adjunct to his intellectual property litigation practice, Mr. Templeton also counsels and assists clients in the areas of licensing, entertainment, copyright and trademark registration, insurance coverage, and the general protection and enforcement of intellectual property rights. 

REPRESENTATIVE CASES

2006 - Present

Unicon Financial Services, Inc. v. InterCept, Inc., United States Court of Appeals for the Ninth Circuit, (2007)(defense decision affirming summary summary judgment on multi-million dollar claim for alleged breach of software royalty license agreement)

Florida Festival Productions, LLC, et al. v. Florida Entertainment Group, Inc., et al., Los Angeles County Superior Court, (2007)(secured voluntary dismissal of complaint against clients for damages arising out of a Florida music festival)

Bravo Constructio & Development, Inc.. v. ETZ Construction, Inc., et al., Los Angeles County Superior Court, (2007)(judgment confirming arbitration damage award in favor of general contractor client against subcontractor)

Brother Records, Inc. v. Allen Gaba, et al., United States District Court for the Central District of California, (2007) (defense summary judgment and dismissal of copyright and trademark infringement, misappropriation of likeness, unfair competition, right of privacy, conversion, breach of fiduciary duty, and conversion claims seeking over $30 million)

Designing Health, Inc. v. Erasmus, et al., United States Court of Appeals for the Federal Circuit, (2007) (defense decision affirming judgment-as-a-matter-of-law on $4 million fraud claim following reversal on appeal)

Time N Temperature Co. v. Sensitech, Inc., et al., United States District Court for the Central District of California, (2007) (plaintiff patent infringement claim and defense of antitrust claim)

Medicine Online, Inc. v. BidRX, LLC, et al., United States District Court for the Central District of California, (defense and prosecution of patent infringement claims on behalf of owner of electronic-based marketplace for prescription drugs)

Designing Health, Inc., et al. v. Flora, Inc., et al., United States District Court for the Central District of California, (2006) (judgment-as-a-matter-of-law on $4 million fraud claim following reversal on appeal)

Unicon Financial Systems, Inc. v. InterCept, United States District Court for the Central District of California, (2006) (defense summary judgment on multi-million dollar claim for alleged breach of software royalty license agreement)

Cartier, etc. v. Dihn SAS, et al., United States District Court for the Central District of California, (2006) (defense of trademark infringement claim against jewelry manufacturer and distributor)

2001 to 2005

Phoenix Footwear Group, Inc. v. Mark Tucker, Inc., Saks, Inc, Saks & Co., and Sears Roebuck and Co., and Related Counterclaims, United States District Court for the Southern District of California, (2005) (successful settlement of multi-million dollar patent infringement claims against defendant clients)

Designing Health, Inc. v. Erasmus, et al., Federal Circuit Court of Appeals (2005) (unpublished decision)(reversing denial of JMOL for defendants on multi-million dollar fraud claim)

Federal Trade Commission v. A. Glenn Braswell, et al.; United States District Court for the Central District of California, (2005) (successful settlement of $150 million FTC claim of false advertising against nutritional supplement manufacturers and suppliers)

Oreq Corp. v. Special Materials Co., United States District Court for the Central District of California, (2005) (monetary settlement for defendant in commercial breach of warranty case involving toxic chemicals)

R&N Check Corp. v. Bottomline Technologies, Inc., United States Central District of California, (2005)(patent infringement defense)

General Orient Ltd., et al. v. Adamson Apparel, Inc., et al.; Los Angeles County Superior Court, (2004) (dismissal of fraud complaint for alleged nonpayment of apparel invoices)

Zygo v. DataMetrics, Ventura County Superior Court, (2004) (dismissal of alter ego claim against publicly traded corporation)

Dodge, Warren & Peters Insurance Co. v. Aslay, Los Angeles County Superior Court, (2004) (defense and settlement of insurance trade secret case)

Premier Chemicals, LLC v. Applied Chemical Magnesias Corporation and Robert McCreless, United States District Court for the Central District of California, (2003) (successful settlement of patent infringement lawsuit)

Designing Health, Inc., et al. v. Flora, Inc., et al., United States District Court for the Central District of California, (2003) ($900,000 exceptional case attorneys' fees award for nutritional supplement clients on patent infringement and Lanham Act claims (trademark and trade dress infringement and false advertising); defense verdict on trade dress infringement claim; verdict in clients' favor on affirmative breach of contract and negligence claims)

Digital Media Services, Inc. v. Digital Creative Development Corp., Los Angeles County Superior Court, (2003) (dismissal of breach of contract case against publicly traded corporation)

Mercury Air Group v. Acquisitor, United States District Court for the Central District of California, (2003) (dismissal of securities violations case against publicly traded corporation)

Efron v. Trueman (California) Trust, Los Angeles County Superior Court, (2003) (successful defense after contested trial of quiet title action involving multi-million dollar real property)

American Enterprises v. Elixir Industries, Los Angeles County Superior Court, (2002) (successful settlement of multi-million dollar breach of distributorship and misappropriation of trade secret case)

WAH Distribution Co., Inc. v. NIKKEN, Inc. et al; Los Angeles County Superior Court, (2002) (successful settlement of B & P Code 17200 trade secret misappropriation claims)

Liberty Glove, Inc. v. International Sourcing, Inc., Los Angeles County Superior Court, (2001) (successful settlement of trade secret case)

Biebel v. Closets by Design, Los Angeles County Superior Court, (2001) (judgment-as-a-matter-of-law on consumer unfair business practices claim)

1996 to 2000

Creative Products Networks, Inc. v. K-Tel International, Inc., Los Angeles County Superior Court, (2000) (successful settlement of breach of television direct marking agreement after obtaining discovery referee order of terminating and issue sanctions)

Smith v. Eastern Pacific Energy, Los Angeles County Superior Court, (2000) (successful settlement of securities class action against publicly trade electricity company)

Stussy, Inc. v. Y-2 & Associates, et al; United States District Court for the Central District of California, (2000) (successful resolution of trademark infringement action)

Create Way v. Alpine Air, Los Angeles County Superior Court, (1999) ($300,000 judgment against seller in trade dispute after contested trial)

Lange & Co. v. Eastern Pacific Energy, Orange County Superior Court, (1998-1999) (successful defense in arbitration of former distributor's $3.5 damage claim against publicly traded electricity provider)

Amazon, Inc. v. Chamber Gas, Inc., et al., Los Angeles County Superior Court, (1998)(successful defense of TRO and preliminary injunction application, and ultimately successful settlement, of trademark and trade dress infringement action)

Multimedia Labs v. Boca Research, Inc., Los Angeles County Superior Court, (1998) ($500,000 contested arbitration and judgment against publicly traded company in media contract dispute)

People v. Figgie Int'l, Ventura County Superior Court, (1998) (successful settlement of false advertising claims by attorney general against subsidiary of publicly traded company)

Primus Holdings, L.P., dba Interstate Engineering v. Figgie Int'l, Inc., Orange County Superior Court, (1998) (successful defense of accounting dispute arising out of divestiture of publicly traded company)

Tommy Hilfiger Licensing, Inc. v. Almost Free, et al., United States District Court for the Central District of California, (1997) (successful resolution of trademark infringement case)

Trade Service Corporation v. Matrix Software, United States District Court for the Southern District of California, (1996) (confidential resolution of computer software trade secret case)

1991 to 1995

Clevenger v. Rodri, Los Angeles County Superior Court, (1995)(successful verdict on million dollar plus malicious prosecution case hired to try before two weeks for trial after probable cause found as a matter of law)

In re Nightclub Labor Litigation, Los Angeles County Superior Court, (1995) (successful settlement of wage and hour class action)
Maljack Productions v. Palisades Entertainment, United States District Court for the Central District of California, (1995) (dismissal and sanctions for frivolous copyright infringement action)

Posey v. Coastal Aeronautical, Orange County Superior Court, (1995) (dismissal with prejudice of contested trade secret case)(related settlement of bad faith case against insurer)

Goodson v. Sandoz Pharmaceutical, Los Angeles County Superior Court, (1994) (successful settlement of employment dispute)

In re Estate of Leonila Espinosa, Los Angeles County Superior Court, (1994) (judgment for client of over $100,000 after contested trial in probate court)

Painted Rock Hills v. Retirement Trust Fund, Los Angeles County Superior Court, (1994) (defense decision on real property loan after contested trial)

Closets by Design v. Gold Realty, Los Angeles County Superior Court, (1993) ($150,000 damage verdict for commercial lessee on case hired to try one month before trial)

Breeland v. Moore, Judicial Arbitration & Mediation Services, Inc., (1992) ($109,000 award in client's favor in real estate partnership dissolution dispute)

O'Brien v. Anthony Robbins, Guthy-Renker Corp., et al.; Los Angeles County Superior Court, (1992) (confidential resolution of case representing plaintiff in claim of misappropriation of likeness for commercial advantage and violation of Civil Code 3344)

1986 to 1990

Pabst Brewing Co. v. Bay International, Marin County Superior Court, (1989) (successful resolution of multimillion dollar distributorship dispute)

Quarles v. Popeye's Famous Fried Chicken, United States District Court, Western District of California (1987) (no liability defense verdict on franchise dispute)

Schaefer v. Williams, United States Court of Appeals for the Fifth Circuit, (5th Cir. 1986) (successful defense of RICO claim against oil and gas companies)

W.C. Leasure v. Peat, Marwick, Mitchell & Co., Texas Court of Appeals, First District, (1986) (successful defense of claim for professional accounting malpractice)