Trademark & Copyright Litigation

A company’s brand is more than just a logo—it is an identity, a reputation, and ultimately a key to profitability. When a mark or work is endangered as a result of infringement or dilution, or is used in ways the company never intended, it can have grave consequences.

HOW WE HELP

We protect and maintain our clients’ hard-earned unique positions in the marketplace through a business-oriented approach to trademark, false advertising, unfair competition, and copyright litigation.

In trademark disputes, the three main claims are trademark infringement, unfair competition, and trademark dilution. We regularly represent clients in maintaining or defending trademark, trade name, trade dress, and copyright infringement actions. Our lawyers are skilled at all phases of trademark and copyright litigation, from applications for emergency injunctive relief through trials and appeals.

We protect the marks and works of a diverse roster of clients, from multi-national corporations to cutting-edge start-up companies. Our industry knowledge includes food and beverage, consumer goods, automobile, agricultural manufacturing, technology and software, media and production, and pharmaceuticals.

OUR SERVICES

Trademark Litigation. Our team represents defendants and plaintiffs in both domestic and foreign trademark matters. Our practitioners across the US, the UK and China work to identify, evaluate, and protect important trademark assets. When disputes arise, members of our Trademark group:

• Litigate trademark, false advertising, and unfair competition disputes in federal and state courts
• Coordinate disputes in multiple countries, disputes that arise when the rights of multi-national companies come into conflict
• Prosecute counterfeiting actions and execute seizures of counterfeit goods, including coordination with US Customs
• Prosecute and defend oppositions, cancellations, and appeals before the Trademark Trial and Appeal Board (TTAB) of the US Patent and Trademark Office
• Prosecute and defend domain name proceedings under the Uniform Domain-Name Dispute-Resolution Policy and similar policies
• Assert and defend false advertising and deceptive trade practice actions before the Federal Trade Commission, the National Advertising Division of the Council of Better Business Bureaus, and other federal and state agencies

We also have vast experience in the areas of counterfeit and grey market goods. Seyfarth’s trademark attorneys have a wealth of experience in developing and implementing trademark policing programs and have acted as anti-counterfeiting counsel to a large number of clients. We have coordinated anti-counterfeiting activities in a wide variety of situations, ranging from the seizure of counterfeit encyclopedias in the United Kingdom to working with law enforcement to seize grey market stereo equipment.

Our attorneys are also active in supervising international anti-counterfeiting, enforcement, and trademark disputes. We have worked with clients to prepare product identification manuals and assist in training US and foreign customs offices on identifying counterfeit merchandise. We have supervised and assisted in the criminal prosecution of individuals engaged in manufacturing and selling counterfeit merchandise. Our attorneys have also obtained asset freeze orders against counterfeiters who regularly divest themselves of assets.

Copyright Litigation. We strategically review and assess the value of our clients’ copyrightable material and, if appropriate, prepare and prosecute a copyright registration through the US Copyright Office. Furthermore, we ensure those rights remain protected by prosecuting and defending infringement actions and unfair competition matters in the federal district courts. We resolve all forms of copyright disputes, including coordination of criminal proceedings for copyright infringement. If appropriate, we advocate for expedited proceedings to quickly obtain temporary restraining orders, including impoundment orders for pirated works.

 THE SEYFARTH EXPERIENCE

Seyfarth has distinguished itself as a leader in trademark and copyright litigation by combining technical knowledge and deep experience to provide clients with superior representation in the courtroom, at the TTAB, or any of a number of on-line venues. We understand that trademark and copyright cases often involve high-stakes, bet-the-company issues, and we are prepared to take immediate, decisive action to address them properly.

Many members of the Trademark Practice are also part of the firm’s interdisciplinary Advertising & Marketing group team and have substantive knowledge of the regulations applicable to food, beverages, and dietary supplements and how those regulations are used in litigation relative to state law and other claims. We consult with and advise companies on a wide variety of matters to help safeguard their most valuable assets and maintain an advantage over competitors.