Trademark Litigation
Intellectual Property and Technology | TrademarkWe handle trademark infringement, dilution, and unfair competition litigation in federal courts and TTAB proceedings, protecting brands through aggressive enforcement.
Overview
Protecting Brand Value Through Litigation
Trademarks embody brand reputation and goodwill. When trademark rights are threatened, effective litigation is essential.
Infringement Actions
We prosecute trademark infringement claims seeking injunctive relief and damages.
Defense of Infringement Claims We defend against trademark infringement allegations with defenses including fair use and descriptive use. TTAB Proceedings We prosecute and defend opposition and cancellation proceedings. Dilution Claims We prosecute and defend dilution claims under federal and state law. Domain Name Disputes We handle UDRP proceedings and ACPA claims. Counterfeiting We pursue anti-counterfeiting litigation and work with law enforcement.Our Services
trademark
Federal registration and validity opinions
intellectual_property_litigation
Federal registration and validity opinions
litigation
Federal registration and validity opinions
internet
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
You must show a valid trademark and likelihood of confusion from the defendant's use. Factors include mark similarity, product relatedness, marketing channels, and actual confusion evidence.
Remedies include injunctions, actual damages, defendant's profits, and potentially enhanced damages and attorneys' fees in exceptional cases.
Dilution protects famous marks against uses that blur distinctiveness or tarnish reputation, even without likelihood of confusion. Only truly famous marks qualify.
Yes, if you show likelihood of success, irreparable harm, balance of hardships favoring relief, and public interest. Preliminary relief can stop ongoing infringement quickly.
The Trademark Trial and Appeal Board handles oppositions to applications and cancellation of registrations. TTAB proceedings are administrative alternatives to federal court.
Anti-counterfeiting actions can involve federal court, customs seizures, law enforcement coordination, and international enforcement. Counterfeiting can result in criminal penalties.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
