Trademark - Trademark Litigation
Our counseling services often begin at a trademark’s inception with proactive advice during the selection and prosecution process to help avoid or minimize the chances of litigation. But when problems arise and valuable trademark rights are at stake or an accusation has been made, we believe it pays to have seasoned litigators on your side. We have handled cases that span numerous industries and implicate all types of trademark rights. Representing both plaintiffs and defendants, our lawyers have decades of experience litigating both large and small trademark cases before courts throughout the country, that span numerous industries and implicate all types of trademark rights, including trademarks, service marks, trade dress, product configurations, trade names, and even telephone numbers. We regularly appear before the U.S. Patent and Trademark Office and its Trademark Trial and Appeal Board (TTAB), the federal circuit courts of appeal, district courts, and other tribunals.
Our vast litigation experience makes our attorneys well versed in the best ways to approach cases, whether large or small, complex or straightforward. We assess the potential risks and rewards of disputes and provide creative solutions for clients of all sizes.
Infringement and Dilution
Our litigation practice covers all types of trademark infringement and dilution cases involving trademarks, service marks, trade dress, product configuration, trade names, domain names, letters, numbers, colors, and telephone numbers. We have an impressive track record of favorably resolving litigations for our clients, whether by choosing a forum that gives clients the best chance to win on the law, filing a motion to dismiss, obtaining an early temporary restraining order or preliminary injunction, positioning a case for settlement, moving for summary judgment, or taking the case to trial. One of our strengths is the use of experts to enhance our clients’ legal positions. For many years, we have worked with numerous consumer survey experts on a wide range of issues in trademark litigation, including likelihood of confusion, likelihood of dilution, genericness, secondary meaning, and fame. We also make strategic use of other experts in areas such as linguistics, marketing, consumer psychology, industry practices, and damages.