Litigation

We understand that one of your company’s most valuable assets is its intellectual property, and we are committed to safeguarding our clients’ rights. Whether your hard-earned intellectual property has been stolen by a competitor, or you stand accused of intellectual property infringement, our attorneys will work tirelessly to protect your rights.

I. Patents

A patent gives the owner the right to exclude others from making, using, selling and importing their invention. Under the Patent Act, anyone who makes, uses or sells a product that infringes on a patent may be held liable for patent infringement.

Our intellectual property attorneys are experienced patent litigators. Importantly, most of our attorneys are registered to practice before the United States Patent and Trademark Office. This provides our team with a unique perspective regarding the intricacies of the patent system, which can be invaluable to your case.

Whether you are a patent holder seeking damages, or are being accused of patent infringement, our team will craft a unique strategy for your particular situation.

II. Advertising Injuries – Trademarks, unfair competition, and false advertising

A trademark or service mark is one of the most valuable assets of any business. Simply put, trademarks identify a business as a brand, and allow companies to develop and associate goodwill with that brand in the minds of consumers. Without the protections afforded by trademark law, consumers are left to their own devices to determine the source (and associated quality) of goods or services.

Accordingly, federal and state law both afford extensive protections for trademark infringement and other advertising-related injuries. These laws also provide protections against false, material statements made by competitors in connection with their advertising. Our attorneys are experienced in these types of disputes. The following is a sampling of the types of advertising-related disputes that our attorneys are adept in handling.

  • Trademark infringement
  • Counterfeiting
  • False advertising
  • Dilution
  • Tarnishment
  • Unfair Competition
  • Cybersquatting

III. Copyrights

A copyright is a set of rights granted to the creator of an original work, such as books, movies, photographs, and software, that includes the right to copy, distribute and adapt the work. Often, copyright protection is applied in artistic and literary fields, but the protections are relevant to businesses as well. For example, your product catalog, website, or even product design may be eligible for copyright protection. If a competitor is using your works without your permission, our attorneys can assist you with enforcing your rights, including by seeking injunctive relief and monetary relief, such as the infringer’s profits or statutory damages. On the defending side, we are experienced in invalidating wrongfully-asserted copyrights. We would be happy to discuss your particular needs and devise an approach to either assert or defend your copyright rights.

IV. Trade Secrets

Trade secrets, generally speaking, are secrets that give a company its competitive edge. The most famous example is the Coca-Cola® formula, which has been kept under lock-and-key for generations.

If someone has stolen your company’s classified business information – which might include, for example, manufacturing processes or classified customer lists – you may be entitled to seek damages under both Federal and State law.

Our intellectual property litigation attorneys can not only help you to keep your trade secrets enforceable by assisting you in developing policies regarding their confidentiality, but we can also ensure this sensitive information is protected in court as well.

V. Insurance Coverage for IP Disputes

Defending against intellectual property infringement claims can be expensive; unfortunately, defendants are usually left with no choice once sued. Fortunately, your commercial liability insurance may cover your business in certain intellectual property disputes; particularly in cases alleging advertising injury.

Many intellectual property attorneys, even seasoned ones, overlook the potential for insurance coverage when their client is accused of intellectual property infringement.

To learn more about our full service intellectual property law firm, and to see how we can help with your intellectual property litigation needs, contact Bishop Diehl & Lee today.