Trademark, Copyright, Advertising Litigation & Brand Management

Our successful track record in bringing and defending trademark and trade dress infringement, unfair competition, and false advertising claims have involved trademark use in labeling and advertising, trade dress, and product design, as well as the evolving law of online trademark use. We have obtained motions for temporary restraining orders and preliminary injunctions, prevailed in enforcing our clients’ rights at trial and on appeal, and leveraged those successes to obtain favorable settlements.

In addition to handling trademark and related litigation in federal and state courts, we represent clients in trademark oppositions and cancellations before the Trademark Trial and Appeal Board (TTAB) and its counterparts around the world; advertising proceedings before the National Advertising Division (NAD) of the Council of Better Business Bureaus; and domain name arbitration proceedings before the Internet Corporation for Assigned Names and Numbers (ICANN). Ours is one of the few trademark litigation practices that boasts a nationally recognized International Trade Commission team with significant Lanham Act experience. We also develop and implement US and international trademark enforcement strategies and collaborate with clients on effective strategies to monitor the global marketplace for potentially infringing marks and domain names.

We are the sole or primary provider of trademark legal services in the United States and/or internationally for numerous companies with major brand assets. We have long-standing, significant representations in this area with companies that have well known and valuable brands. Our trademark prosecution and counseling professionals assist clients in managing their global trademark portfolios and handling major US and international trademark clearance, filing, and enforcement projects across a vast array of industries. We coordinate trademark work in virtually every jurisdiction in the world, and we offer a global perspective to business issues and opportunities that clients may face in the United States and other countries around the world.

We have a strong track record in connection with copyright disputes for clients in federal courts across the United States. These cases have involved traditional and online media and marketing cases (especially photographs, periodicals, textbooks, and news media) as well as a significant body of software and technology cases, including on-premises and cloud software, mobile applications, embedded code, and firmware. We advise on ownership and co-ownership disputes, licensing disputes, royalty challenges, and (in connection with our tax controversy practice) transfer-pricing disputes. We have obtained some of the largest jury awards in copyright cases; have successfully litigated preliminary injunctions, permanent injunctions, and temporary restraining orders; and have negotiated favorable settlements, all to resolve copyright matters in the most advantageous way for our clients.

We secure, protect, license, and transfer copyrights in all fields. We counsel on copyright issues in major global transactions and structure innovative arrangements for licensing copyrighted materials. Our team, which includes former US Copyright Office (USCO) lawyers, has keen insight into the intricacies of USCO registration procedures and deposit requirements, particularly as they relate to software and other digital media, as well as secure tests. We also advise on copyright usage policies and provide Digital Millennium Copyright Act (DMCA) compliance and fair use counseling.

Our lawyers advise on a wide variety of mergers and acquisitions (M&A) and other business transactions involving the transfer, licensing, and other exploitation of valuable brands, trade secrets, and copyrighted content. We develop cost-effective strategies for diligence, draft and negotiate agreements, and counsel on post-closing integration in connection with acquisitions. We also have experience structuring global IP ownership, whether in the context of tax planning or M&A transactions.

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We advise on a broad range of online business and social media counseling, including privacy and data security, ecommerce through websites and mobile apps, direct email marketing and CAN-SPAM Act compliance issues, social media policies, social media handles and domain names, and legal issues relating to search engine optimization and keyword advertising, copyright fair use, and trademark fair use. For a wide range of online businesses, we develop website policies and implement liability-limiting procedures to address disputes and issues surrounding user-generated content, including terms of service, DMCA policies and procedures, and privacy policies.

Our lawyers have in-depth knowledge of promotions, marketing, advertising, consumer protection, and privacy laws. Whether a client is launching a multimillion-dollar integrated advertising campaign, managing complex social media marketing programs, or building a global distribution network, our team has the experience needed to get the job done. We advise on a range of brand development and marketing agreements, including innovative arrangements for licensing, sponsorship, product placement, brand integration, celebrity spokespersons, merchandising, and cross-promotional and crowd-sourcing agreements, as well as creative services agreements with advertising, branding, promotions, and talent agencies. We also counsel on structuring promotions, sweepstakes, and contests.