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Trademark & Copyright Enforcement & Protection

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For many companies, their trademarks, copyrights, and brands are more enduring and valuable than the tangible assets of the company and, in certain instances, the company itself. With this understanding, our Advertising & Media team works closely with our Intellectual Property and Corporate attorneys to structure, negotiate, and implement IP transactions, especially those involving trademarks and copyrights. We leverage our IP capabilities where IP intersects with advertising, sales, and e-commerce, including trademark, copyright, counterfeiting, and gray-market goods.

Trademark Litigation and Enforcement. Our work focuses on claims arising under state law and the Lanham Act including trademark infringement and dilution, counterfeit and gray market goods, unfair competition, and advertising matters. We also handle brand enforcement and contested proceedings including trademark oppositions and cancellations before the TTAB.

Trademark Clearance, Prosecution, and Claims Review. We manage global portfolios for our clients, and review trademarks for clearance and prosecution purposes. We also counsel clients on whether trademarks may communicate advertising claims or claims otherwise susceptible to scrutiny by the FTC or the states.

Copyright Litigation, Registration, and Licensing. We help our clients monetize their copyright assets through registration and licensing, and focus on enforcement of copyright assets through litigation under U.S. copyright law, including copyright royalty proceedings and rulemaking before the U.S. Copyright Office.

Transactions and Agreements. From negotiating substantial license and co-brand deals, to conducting due diligence of IP assets in M&A transactions, we protect clients’ brands, help them generate revenue, and help them prioritize brand asset investment.

Sponsorship, Broadcast, and Naming Rights. We negotiate brand sponsorship, media rights, promotion, and naming rights deals with sports leagues and teams, athletes, entertainment properties, music artists, celebrity chefs, and many others.

Representative Engagements

  • Defending U.S. Soccer, a national sports federation, in a trademark lawsuit brought by the U.S. Soccer Foundation.
  • Representing a natural remedy products company against a competitor in false advertising and trademark infringement action brought under the Lanham Act.
  • Manage trademark portfolio and prosecution for brands in a variety of industries, including apparel, technology, grocery, entertainment, industrial manufacturing, and industry trade associations.
  • Negotiated sports sponsorship and naming rights agreements for a leading financial institution.
  • Negotiated a co-branded product trademark license agreement for a nationwide baked goods retailer.