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MasterCard Prevails in Trademark Infringement Suit

HOUSTON, Texas — May 17, 2004 — In a unanimous jury verdict rendered on May 12, 2004, MasterCard International Incorporated prevailed in a trademark infringement suit brought by First National Bank of Omaha (FNBO).
In the suit, FNBO claimed that its registered trademark SMARTONE was infringed by MasterCard’s use of ONESMART and sought a verdict of infringement as well as damages in excess of $20 million.
FNBO retained numerous experts to support its damage claims, but MasterCard’s legal team, led by Baker Botts attorney Russ Falconer, successfully reduced FNBO’s expert roster.  The Court accepted MasterCard’s proposal to undertake expert discovery in stages, enabling MasterCard to bring before the Court tailored motions to exclude their testimony.  After diminishing the role of the experts, MasterCard countered FNBO’s claims of infringement at trial with testimony showing that there was no evidence of confusion, no overlap in trade channels, and that the prospective buyers were sophisticated banking professionals who were unlikely to be confused.
Following a one-week trial, a panel of eight jurors rendered a unanimous verdict in favor of MasterCard.
A team of Baker Botts L.L.P. lawyers worked closely with MasterCard’s General Counsel, Noah Hanft and Assistant General Counsel, Colm Dobbyn.  The Baker Botts team included Russ Falconer, Paul Reilly and Steve Gustavson, all from the firm’s New York office.
Baker Botts L.L.P., founded in 1840, is a leading international law firm with offices in Austin, Baku, Dallas, Houston, London, Moscow, New York, Riyadh and Washington.  With more than 650 lawyers, Baker Botts provides a full spectrum of legal services to regional, national and international clients.  For more information, please visit

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