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Trademarks constitute a company’s personal branding and commercial identity, distinguishing its goods and services in the marketplace. Now more than ever, it is crucial for companies to establish and protect their brands, ideas, and technological advances from infringement, counterfeiting, and false advertising.
At Dickinson Wright, we believe that effective trademark litigation strategies begin long before a complaint is filed, and we pride ourselves in offering sophisticated, top-tier service at competitive rates. With a wide geographic reach spanning 19 offices across North America, including Washington D.C., Michigan, Tennessee, Texas, Silicon Valley, and Toronto, Canada, our trademark litigation team is proactive and accessible, helping you maximize and protect your trademarks across the world.
Our trademark litigators are regularly recognized by Super Lawyers®, Chambers®, and Best Lawyers®, as well as other leading evaluating organizations for their commitment to excellence and their bold client representation. Domestically, our team litigates complex cases such as oppositions and cancellations before the Trademark Trial and Appeal Board (TTAB) and in various alternative dispute resolution settings. Internationally, we have an extensive background in foreign and multi-country trademark litigation.
From establishing pre-litigation strategies and risk avoidance techniques to alternative dispute resolution and aggressive litigation, our highly skilled trademark litigators represent clients through final resolution of each matter. This includes negotiating and drafting trademark licensing agreements, enforcing trademarks, and defending against trademark infringement claims. We strategize with our clients to determine the best course of action based on their business goals, which may include an early resolution, a negotiated settlement, or an injunction, among other forms of agreements.
Counterfeiting and Infringement: Nothing is more devastating to a company than when a competitor purposely – or mistakenly – confuses or deceives consumers through counterfeit products and services. We work closely with clients to prevent the illegal importation, sale, and distribution of both counterfeit products and gray market goods as well as the infringement of
on through both civil and criminal proceedings. We assist clients in the protection of source identifiers, including:
Internet-related Trademark Disputes: We litigate Uniform Domain Name Dispute Resolution Proceedings (UDRPs) against Internet cyber-squatters and advise on worldwide Internet domain name registration and disputes.
False Advertising and Unfair Competition: Whether misleading is done directly or indirectly, numerous state and federal laws provide safeguards to protect companies from false advertising and unfair competition. Realizing that these situations can cause serious economic damage to a business and their relationships, we act swiftly and decisively to bring about the best resolution possible for our clients – and to prevent future occurrences.
Prevention: Understanding that litigation is costly and time-consuming, and may damage your company's reputation, we proactively address issues and assist our clients with establishing effective risk-avoidance strategies to avoid the courtroom. We conduct searches, file trademark applications, and manage and maintain client trademark portfolios through coordination of anti-counterfeiting investigations, seizures, and forfeitures in federal criminal prosecutions.
Representative Case Matters
–Represented an Italian fashion house in trademark litigation in federal court, and in more than fifty opposition and cancellation proceedings in Trademark Trial and Appeal Board.
–Lead counsel in trademark counterfeiting case wherein ex parte seizure order, temporary restraining order, and permanent injunction successfully obtained on behalf of an international clothing company.
–Obtained permanent injunction and award of attorney’s fees against a foreign national appearing at CES trade show in a trademark infringement action.
–Successful representation of owners of two world-renowned wedding chapels concerning trademark infringement claims; settled favorably prior to trial.
–Successfully obtained a permanent injunction against trademark infringement on behalf of Florida's largest interior design studio and furniture galler.
–Prosecuted and managed a trademark portfolio of over 300 marks.
–Represented clients before the U.S. Trademark Trial and Appeal Board, in domain name disputes, and in federal court litigation.
–Led numerous international and multinational trademark disputes executed before foreign administrative and judicial bodies.
–Negotiation of licensing, co-existence, settlement and purchase agreements; and performing due diligence for the acquisition of trademark portfolios.
–Successful representation of trademark owner involving infringement occurring at SEMA trade show resulting in $100,000 judgmen.
–Obtained nationwide injunction against “Doe” counterfeiters on copyright and trademark infringement claims involving unauthorized merchandise.
–Lead counsel in trademark infringement case: successfully defended national lawn care company in trademark infringement litigation involving infringement claims seeking $1 million in damage.