Trademark Proceedings and Litigation
experiencerAndrews Kurth Kenyon

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Trademark Proceedings and Litigation

We represent clients at every stage of trademark disputes—pre-litigation analysis, cease and desist, preliminary injunctions and temporary restraining orders, conducting coordinated raids with law enforcement, discovery and summary judgment practice, mediation, trial and appeal. Few firms match our full trial experience at the Trademark Trial and Appeal Board.

We rely upon strong trademark policing efforts and the judicious use of protest letters to afford clients ongoing protection against trademark dilution while relieving them from the burden of conducting their own policing investigations. Such efforts frequently enable clients to put a halt to third party encroachment before it leads to expensive and time-consuming litigation.

When disputes rise to the level of litigation, we represent clients before the federal courts and the Trademark Trial and Appeal Board. We have extensive experience handling all phases of federal trademark litigation, successfully obtaining and defending against interlocutory injunctions, representing clients in bench and jury trials, and appealing decisions to the Courts of Appeals and the United States Supreme Court.

Apart from handling litigations, we also effectively manage smaller proceedings, such as inter-parties actions before the Trademark Trial and Appeal Board and cases for individual trademark owners. Our trademark lawyers have significant success in handling hundreds of opposition and cancellation proceedings annually.

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Companies seeking to protect their intellectual property assets are not limited to patents, trademarks and copyrights. There are numerous federal and state statutes, as well as common law, that protect valuable business information and competition in the business environment. Protections available under the rubrics of unfair competition or unfair trade practices include, for example, antitrust, federal unfair competition, and false advertising under Section 43(a) of the Lanham Act, federal and state computer fraud statutes, state contract, and employment law covering inventions and non-disclosure and non-compete agreements, trade secret laws, as well as laws recognizing the right of publicity. Our attorneys have worked with clients to maximize the protection of their intellectual property and navigate the tangle of statutory and common law, unfair competition and unfair trade practice law.

Since the body of unfair competition and unfair trade practice law is often intertwined with patents, trademarks and copyrights, our firm, as a premier provider of intellectual property legal services, is strategically placed to handle these matters. Our attorneys have drafted agreements and licenses protecting the intellectual property assets of our clients and litigated on behalf of our clients to resolve questions of competitive activities. We pride ourselves on leveling the playing field in the business arena and, when necessary, in the courtroom so that our clients are able to fairly compete in the marketplace.

UDRP Proceedings and Litigation

Whether representing individual domain name owners or Fortune 500 companies, we are adept at implementing domain name strategies that complement the needs of our clients. We counsel clients on an array of domain name matters, including portfolio management, monetization strategies, privacy issues, reputation management, hijacking and reverse hijacking, sale, transfer and licensing, terms of service, and even liquidation, when necessary. Our firm also strategically prepares clients for the next generation of challenges brought about by Internationalized Domain Names (IDNs) and the expansion of the generic top-level domain (gTLD) space.

With over a decade of experience handling domain name issues, we advise clients in all aspects of domain name acquisitions and disputes. Such services protect our clients from companies and individuals who register domain names in bad faith or create websites that are likely to cause consumer confusion. Our experience in this area includes handling pre-dispute investigations and negotiations, proceedings under ICANN’s Uniform Dispute Resolution Policy (UDRP) and federal court actions under the Anti-Cybersquatting Consumer Protection Act (ACPA).

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