For brand owners who want to protect their marks and control their brands in the marketplace, litigation is often the last resort. Litigation strategy begins well before cases are filed. Alternatives need to be considered, and resolutions sought. However, to maintain a strong brand, sometimes sound strategy for a brand owner means taking the fight into the courtroom.
When it comes to trial work, it’s difficult to find a law firm that has as much experience and success in the courtroom as our attorneys. Our track record of excellence consistently has us named as one of the top trademark litigation firms by leading legal and industry publications.
We have secured favorable outcomes for intellectual property clients in reported opinions from the U.S. Supreme Court, federal appellate panels and trial courts in numerous federal circuits, and numerous state appellate courts across the country.
We’ve taken a cutting edge approach to proving brand infringement, including non-traditional marks based on logo design, name, signature, word, letter, number, shape, packaging and color.
- Survey Evidence
The firm is nationally renowned for its knowledge of the use of survey evidence in connection with trademark claims. We have commissioned several hundred surveys bearing on mark distinctiveness, likelihood of confusion, dilution and the impact of allegedly false advertising on consumers. We have also published articles on the use of survey evidence. We are experienced in the design and defense of surveys, as well as in challenges to opposing parties’ surveys using Daubert motions. We have excellent knowledge of and relationships with the principal and best-regarded survey experts in this field.