Representative Cases

Below are highlighted representations that the firm has recently undertaken. Each case and client is unique, and our attorneys strive to provide a personalized representation and endeavor to reach your desired results. These selections are merely representative of a portion of the firm’s portfolio. Please contact us to discuss strategies for your particular case.

LITIGATION

We represent a major housewares designer and seller in two co-pending putative class action lawsuits alleging various state and federal warranty and deceptive trade practice claims, which together propose a putative nationwide class and several alternative state subclasses.

We represent a major advertising agency in an ongoing trademark dispute against a competitor and achieved a jury verdict in our client’s favor. The case is currently pending appeal on post-trial rulings.

We defended and achieved resolution for a client in a putative class action lawsuit against claims of ADA and state-level human rights law violations related to the functionality of its website.

We represented and achieved settlement for an e-commerce client in a putative class action lawsuit alleging various false and misleading advertising claims and breach of warranty.

We represented a cultural association in a dispute with a competing cultural association over trademark rights, in a multi-proceeding action involving state court, federal court, and Trademark Trial and Appeal Board proceedings. We achieved resolution for our client.

We represented and achieved resolution for a recognized figure in the field of construction toys in an action against a competitor – and former partner in a case involving allegations of breach of contract, breach of fiduciary duty, and false advertising.

We defended a client who stood accused of dealing in counterfeit nail products by a large nail polish brand and achieved a settlement on his behalf.

We defended a designer and manufacturer of gaming machines used primarily in the casino industry, against claims of design patent infringement by a competitor. We ultimately obtained a settlement.

We represented a well-known housewares developer and manufacturer in a suit alleging trade dress infringement, design patent infringement, and unfair competition against a competitor with a similar product. The case settled amicably.

We defended and ultimately achieved a settlement for our client, a producer of backup battery phone cases, in a lawsuit by a large competitor that involved allegations of trademark infringement, patent infringement, copyright infringement, and unfair competition.
We represented an innovative environmental technology company as it sought to resolve matters relating to contractual payment for an installation of its patented water purification system. As part of that matter, we achieved several victories for our client.

We defended and achieved a settlement for a producer of induction bolt removing technology in the face of allegations of copyright infringement, trademark infringement, unfair competition, trade secret misappropriation, and breach of fiduciary duty.

We defended an online seller of hair care products against allegations of federal trademark infringement, copyright infringement, counterfeiting, and unfair competition. We brought counterclaims for trademark cancellation and ultimately achieved a settlement for our client.

We defended a designer and seller of specialty craft markers, against allegations of trade dress infringement and unfair competition. This matter was complex and involved several additional cases against both our client’s supplier and its insurance company. Although often overlooked, insurance coverage is sometimes available in intellectual property cases. For more information, please see our Litigation page.

We defended a business offering flight training, aircraft rental, and aircraft management, against allegations of unfair competition, breach of fiduciary duty, breach of a confidentiality agreement, tortious interference with a business opportunity, and tortious interference with a contract. As part of this case, we successfully defended our client against a preliminary injunction. We ultimately obtained a settlement for our client.

PROSECUTION AND PROCEEDINGS BEFORE THE UPSTO

We prosecute patent applications for clients in a variety of industries, from mobile phone accessories to industrial pumps, and everything in between. Additionally, we have contacts in countries all over the world that assist us in seeking protection abroad for our client’s innovations.

We are skilled in representing our clients in a variety of proceedings before the Patent Office. For example, we have extensive experience preparing ex parte reexamination requests when patents are asserted against our clients. If you are accused of patent infringement, we will review your case with you to determine whether a Patent Office proceeding is a viable option as part of our defense strategy.

We frequently represent our clients in the pursuit of third-party oppositions and cancellations before the Trademark Trial and Appeal Board (TTAB). For example, we recently assisted our client, a producer of apparel, in seeking cancellation of a competing registered trademark that was confusingly similar to our client’s registered trademark. A settlement was reached, and, as a result, the rights in the accused trademark were transferred to our client.

In another recent TTAB action, we assisted our client, the owner of a local restaurant chain, in successfully opposing and preventing the registration of a trademark that was confusingly similar to our client’s registered trademark.

We are also skilled in defending our clients against trademark oppositions and cancellations. For example, we recently successfully protected our client’s trademark from denial of registration based on an opposition action brought by a national health insurance company by reaching a favorable settlement with the opposer.