KLARQUIST NEWS
Klarquist Secures Favorable Resolution for Superior Fence & Construction
Klarquist successfully represented local, family-owned Superior Fence & Construction against a franchisee and the national franchise for Superior Fence & Rail in a trademark, service mark, unfair competition, and trade name dispute. Within two weeks of Klarquist obtaining dismissal with prejudice of counterclaims asserted against its client, the cases settled just 10 days before trial. After stepping into the pending litigation, the Klarquist team vigorously prosecuted its client’s case in Oregon state court and defended against the franchisor’s countersuit in federal court. Through procedural maneuvering by the other side, Klarquist persevered for its client to overcome those tactics. As one example, Klarquist successfully obtained a prompt remand of the state court case following removal to federal court by the other side. See Superior Fence & Constr., Inc. v. McGraw Enters., LLC, No. 3:25-CV-1400-SI, 2025 WL 2671424, at *1 (D. Or. Sept. 17, 2025). One of the no less than eight judges in the state who was involved in these cases noted that the franchisor’s “goal is to prevent [Superior Fence & Construction] from using the name [it] has used for the past 35 years . . . . In short, [franchisor] seeks to put [Superior Fence & Construction] out of business.” That did not happen. Klarquist’s dedication in these cases is part of a long legacy of protecting its clients—whether among the largest companies in the world or locally-owned enterprises—in intellectual property disputes.