Author: David Clark

WHY YOU SHOULD REGISTER YOUR TRADEMARKS

I wrote an article on this topic nine years ago. It seems like an appropriate time for an update. This is because trademarks and trademark law remain a tricky legal property right. Trademarks are “owned” by the individual or entity that uses the mark as a source-identifier in conjunction with goods or services in commerce. […]

NO, THE SUPREME COURT DID NOT SAY THAT “TRUMP TOO SMALL” IS NOT A TRADEMARK

Supreme Court

United States Supreme Court unanimously finds that trademarks identifying living individuals without consent are not registrable with the USPTO under the Lanham Act On Thursday, June 13, 2024, the United States Supreme Court considered a petition from a purported trademark owner seeking to register the mark TRUMP TOO SMALL. The owner’s prior attempts to obtain […]

Attorney David Clark Offers Thoughts on the “Bad Spaniels” Trademark Case

Supreme Court to determine whether parody is only mostly dead On March 22, 2023, the United States Supreme Court will hear oral arguments in the case Jack Daniel’s Properties, Inc. v. VIP Products, LLC.¹  It is more commonly known as the “Bad Spaniels” case where VIP Products sells chew toys for dogs which not-so-coincidentally evoke […]

Attorney David Clark on the Conflict of Copyright Law and Social Media

When Copyright Law and Social Media Conflict: Posting a photo of yourself to Instagram may be an infringement Miley Cyrus recently stumbled into a legal quagmire after posting a photo to her Instagram account. Unbeknownst to her – and many other Instagram-popular celebrities – sometimes you do not have the right to post a picture […]

A Sign O’ The Times? Transformative Works under Copyright Law

A fundamental feature of U.S. copyright law is the ability for the public to make “fair use” of copyrighted works. A recent case involving Prince and Andy Warhol is now before the United States Supreme Court and will address how “transformative” such uses must be to constitute a fair use of an artistic work. On […]

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PROSPER ISD PARENTS QUESTION DISTRICT RESPONSE TO BUS DRIVER ACCUSED OF SEXUALLY ASSAULTING STUDENTS

December 15, 2025

Author: Rebecca Lopez with WFAA Watch the interview here. PROSPER, Texas — Parents of two young girls who say they were repeatedly sexually assaulted by a Prosper ISD school bus driver are speaking out about what they describe as serious failures by the district — including delayed notification to families and promised safety changes they say were never fully implemented. The parents asked that they not be identified to protect their children, who were just elementary school age at the time of the abuse. In a lawsuit filed in 2023, the girls — identified only as Jane Doe 1 and Jane Doe 2 — allege former bus driver Frank Paniagua assaulted them repeatedly during the 2021–2022 school year. According to the lawsuit, Paniagua would wait until other students exited the bus, then assault the girls, sometimes holding one child back so he could take her to the rear of the bus. Attorneys say the abuse occurred over several months and was captured on bus surveillance video. How the abuse was discovered The girls’ mother said the abuse came to light after their grandmother noticed troubling comments about gift cards offered by the bus driver. When the mother later questioned the girls again, they disclosed what had been happening. Prosper ISD police reviewed surveillance video from the bus in May 2022. Paniagua was arrested two days later and charged with aggravated sexual assault of a child, continuous sexual abuse of a child under 14, and indecency with a child. Paniagua later died after jumping from the second floor of the Collin County Jail while awaiting trial. Concerns about delayed notifications Attorneys for the family say more than 100 days passed after Paniagua’s arrest before Prosper ISD publicly acknowledged the allegations — a delay parents say may have prevented other potential victims from being identified. At a packed school board meeting, Prosper ISD parent Morgan Grahovec, a child psychologist whose daughter attended the same school as the victims, told trustees that delays in notifying parents can have serious consequences. “Children who are victims of abuse need to be identified and interviewed as soon as possible because memory fades over time,” Grahovec said. “The longer you wait, it’s harder to get a child to report abuse accurately.” Parents at those meetings called for Superintendent Holly Ferguson’s resignation, arguing district leaders should have acted sooner and communicated more transparently. Ferguson did not step down, instead promising changes to safety protocols. District response and former statement In an earlier written statement to WFAA, Prosper ISD said it took appropriate action once allegations surfaced: “We are horrified that an employee violated the trust of our families and students, as Prosper ISD’s foremost priority is to protect our students’ safety and well-being at all times. We strongly condemn the actions of any adult who would cause mental or physical harm to a child, and we do not tolerate such behavior.” The district has declined additional comment, citing pending litigation. Disputed claims about safety changes Prosper ISD previously told parents it would implement additional safeguards, including increased supervision during bus drop-offs, a volunteer “bus buddy” program, and improved monitoring of bus surveillance video. But the parents and their attorneys say those changes were not consistently put in place. Attorney Levi McCathern says the district does not regularly review bus surveillance footage — even though video captured the alleged abuse in this case. “You would think the first thing you would do after this happens is change your monitoring program,” McCathern said. “They don’t monitor them at all.” McCathern and co-counsel Kristin Hecker say the lawsuit is aimed at forcing policy changes rather than seeking financial gain. Questions about oversight and leadership The case has also raised broader concerns about district leadership and oversight. Prosper ISD’s school board president later resigned in an unrelated child abuse case, further shaking confidence among some parents. Families have also questioned the independence of the district’s internal review, noting that the law firm hired to investigate the district’s response is also defending Prosper ISD in the lawsuit. “All we want is an independent investigation,” McCathern said. Parents push for accountability and change The parents say their children remain enrolled in Prosper ISD, but they continue to press for reforms they believe could prevent similar abuse. “We want justice for our kids,” the girls’ mother said. “But we also want changes to happen at the district so that this doesn’t happen to other children.”  

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McCathern, Shokouhi, Evans Announces Stephanie M. Almeter as Managing Partner of Dallas Headquarters

December 5, 2025

McCathern, Shokouhi, Evans is proud to announce the promotion of Stephanie M. Almeter to Managing Partner of the firm’s Dallas headquarters, marking a significant milestone in the firm’s continued growth and commitment to operational excellence. In her new role, Almeter will oversee the day-to-day operations of the Dallas office, support the continued expansion of its legal teams, and promote a unified, high-performing culture across the firm’s flagship location. She will also collaborate closely with the Managing Partners in Frisco, Houston, and Los Angeles to ensure firmwide consistency, strategic alignment, and seamless operational delivery across all markets. Almeter, who joined McCathern in 2011, is a seasoned trial attorney and leader whose practice spans business and commercial litigation, labor and employment, and more. She is widely recognized for her exceptional advocacy, creative problem-solving approach, and dedication to client service. As Managing Partner, she brings more than a decade of experience and a deep understanding of the firm’s mission of Improving People’s Lives to this pivotal leadership position. “Stephanie is an incredible leader whose professionalism, legal skill, and commitment to our team made her the clear choice for Managing Partner of our Dallas office,” said Arnold Shokouhi, Equity Partner and CEO of the firm. “Her ability to balance exceptional client results with strong interpersonal leadership will help guide the next phase of growth in our largest market. I have full confidence in her vision and in the culture she will continue to build.” As part of Almeter’s promotion, Shokouhi will transition into the role of Chief Executive Officer, where he will continue overseeing the firm’s strategic direction and operational development. McCathern, Shokouhi, Evans has experienced significant expansion since Shokouhi was named Managing Partner in 2013, growing its workforce by over 415% and increasing revenue by approximately 275%, alongside multiple successful mergers and a strengthened statewide and national presence. “I am deeply honored to step into the role of Managing Partner for our Dallas headquarters,” said Stephanie Almeter. “McCathern, Shokouhi, Evans is a firm built on integrity, collaboration, and the belief that exceptional legal work can improve people’s lives. I look forward to supporting our incredible team, fostering continued growth, and ensuring that our Dallas office remains a model of excellence within the firm and across the legal community.” The firm extends its congratulations to Almeter as she assumes this important leadership position, and to Shokouhi as he steps into his expanded role as CEO.

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