From initial assessment and strategy, through trial and appeal and every business objective in between, our lawyers will fiercely represent your interests in any intellectual property litigation.
Trademark and Trade Dress
Your trademarks are valuable and should be protected. We represent clients’ interests involving registered and common law trademarks, service marks, trade names and trade dress issues. Industries we have represented include automotive, beverage, restaurant/food services, franchise, liquor, computer chip, motor fuel, healthcare, consumer goods, medical and dental devices, banking and religious organizations.
The Lanham Act, trademark and unfair competition-based claims we have handled also involve issues of:
- False advertising, description, or designation of origin
- Franchising or business opportunity statutes
- Right of publicity
- State statutory and/or common law unfair competition or passing off provisions
- Statutes of special application and personal name statutes (e.g., names of unions, eleemosynary organizations, wineries, dairy industry, etc.)
- Trade disparagement or trade libel
- Unfair competition
- Uniform Deceptive Trade Practices Act
- Violations of various state Unfair Business Practices Acts
As one of the more common causes of disputes, copyright matters should not be taken lightly. Whether you are the holder of the copyright or believe a copyright needs to be challenged, we can help. We have represented clients with copyright claims in creative endeavors including:
- Musical works (musical composition, musical compilation, sampling claims)
- Literary works (books, educational materials, advertisement and promotional materials, business forms, engineering drawings)
- Sculptural arts (jewelry, toys)
We have been involved in sophisticated damages claims and analysis under the copyright statute and have handled claims involving the integrity of copyright management information, including statutory liability for removal and liability for replacement of copyright management information.
Together with our media and advertising attorneys, our team is skilled at navigating fair use and First Amendment issues that often accompany copyright claims.
For content creators and providers artists, and musicians, copyright infringement is a frequent – and frustrating – occurrence. You need experienced counsel. From musical composition, to musical compilation, to sampling claims, we have guided well-known artists through the process and have successfully defended temporary restraining orders and preliminary injunctions, as well as underlying infringement claims.
We often serve as local counsel for entertainment firms on the coasts to assist when their clients have music infringement based matters that have been brought in federal district courts in the Midwest.
Trade secrets – some of your business’s most valuable competitive assets – are often under siege. Disgruntled employees, unscrupulous competitors, and vendors are all too often the ones misappropriating your information.
We have handled trade secret litigation in federal and state courts involving disputes with employees, complex matters involving competitors, and issues with joint development agreements, supplier vendor relationships, and dissolved and dissolving business arrangements.
The technology and proprietary information involved in the trade secret matters we have handled include:
- Hybrid motor technology
- Stator technology
- Manufacturing equipment and processes
- Chemical formulas for flavors and fragrances in the food and beverage industry
- Chemical formulas in the paint defoamer industry
- Proprietary supplier and customer lists and information from the tool, knife sharpening, and automotive industries
These claims often involve access to/use of computers, the Internet and other technology and may trigger civil liability under the Computer Fraud and Abuse Act.
Patent litigation can be highly technical, and you need a team that knows how to approach the technology or product at issue and craft a winning litigation strategy.
We have handled matters involving apparatus and method claims, design patent claims, claims for direct and indirect infringement, and a wide range of invalidity defenses and damages between competitors in the following forums: ED Texas, ND California, CD California, ED Virginia, ND Illinois, ED Missouri, MD Pennsylvania, WD Michigan, WD Kentucky, ED Wisconsin, the International Trade Commission (ITC), and the United States Court of Appeals for the Federal Circuit. We also assist clients in addressing patent infringement matters raised by non-practicing entities.
The technology involved in the matters we have handled include:
- Medical devices
- Dental tools
- Medical simulation technology
- Automotive industry technology (hybrid motor technology, design patents for automotive replacement parts, automotive cameras and video monitoring devices)
- Internet technology
- Consumer goods
- Pre-paid and gift card technology
- Cell phones
- Manufacturing and industrial equipment
- Nutritional supplements
Led by lawyers who are experienced in the nuances of IP law and litigation, we have raised, litigated and won IP disputes on behalf of our clients that arise in the context of other commercial litigation areas such as anti-counterfeiting, communications and media, data privacy, employment contracts, entertainment, franchising and distribution, and TCPA class actions.
Our trial lawyers typically handle the appeals for matters they are involved in at the trial level with the added collaboration of our appellate group. Our team is also called upon by other law firms to handle appeals for trials when a fresh approach is warranted.