Mark Sommers practices exclusively in the areas of trademarks, domain names, dilution, unfair competition, false advertising, cybersquatting, counterfeiting, and related areas of IP. Mr. Sommers provides a full range of services in those areas, including U.S. federal court and USPTO Trademark Trial and Appeal Board (TTAB) litigation and appeals, strategic counseling, infringement and clearance opinions, portfolio management and prosecution, empirical research, intermediary liability, and damages.
Mr. Sommers has litigated a broad range of trademark, trade dress, product configuration, unfair competition, domain name, diversion, design, and false advertising cases before the federal courts and the TTAB. He has also orchestrated many domestic and international strategies concerning the acquisition of rights and the enforcement of those rights.
In addition to representing the interests of many top-tier U.S. brand owners, Mr. Sommers has also represented the interests of many European and Asian leading brand owners, where he has gained an appreciation of foreign companies’ sensitivity to U.S. practice and procedure. He frequently presents to both U.S. and international audiences, has authored numerous articles about trademarks, domain names, trade dress, and unfair competition, and regularly provides press commentary on high-profile, newsworthy trademark and related cases, developments, and issues.
- Ranked among top 25 trademark experts in the world by in-house counsel and peers in Legal Media Group’s Guide to the World’s Leading Lawyers—Best of the Best since 2007; and among top U.S. trademark lawyers in Legal Media Group’s Guide to the World’s Leading Trademark Law Practitioners, 2006-2012.
- Recognized by The Legal 500 U.S. for trademark litigation work, 2007-2015.
- Ranked among top D.C. trademark lawyers for contentious and non-contentious work in World Trademark Review 1000, 2011-2015.
- Recognized as a leading lawyer by International Who's Who of Trademark Lawyers, 2004-2015.
- Coauthor. "Shedding Anonymity and Embracing Your Brand Identity," Commercial Times, September 8, 2015.
- Coauthor. "Second Circuit Upholds Finding of Willful Infringement on Summary Judgment Against Fendi Counterfeiter" IP Litigator, May/June 2013.
- Coauthor. "Testing the Extraterritorial Limits of the Lanham Act: Are Counterfeiters' Overseas Assets and Bank Records Within Reach?" IP Litigator, July/Aug. 2012.
- Coauthor. "Courts Show Willingness to Grant Sweeping Injunctive Relief to Stop the Next Generation of Counterfeiters," IP Litigator, Jan./Feb. 2012.
- Coauthor. "ECJ Issues L'Oreal v. eBay Ruling: Online Marketplaces Can Be Liable for Counterfeit Goods," IP Litigator, Sept./Oct. 2011.
- Coauthor. "Trademark Owners and Internet Platforms Decide They Are Stronger Together Than Apart," IP Litigator, July/Aug. 2011.
- Coauthor. "The Second Circuit's Decision in Tiffany v. eBay," IP Litigator, May/June 2010.
- Coauthor. "Removal of UPC Labels Subverts Trademark Owner Quality Controls and Constitutes Material Difference," IP Litigator, Jan./Feb. 2010.
- Coauthor. "New Directions for Laches Defence," World Trademark Review, Aug./Sept. 2009.
- Coauthor. "'Material Differences' Outside the Gray Market Context," IP Litigator, July/Aug. 2009.
- Coauthor. "Gray Market Goods and the 'Material Differences' Test," IP Litigator, May/June 2009.