Protecting your brand is not just a slogan. It is the only way your intellectual property has any value. There is no point in obtaining registrations and putting them in a file if they can not be used to protect your trademarks, copyrights, trade secrets and patents from others who might try to infringe on your rights.

From the first time we meet a client—before we consider drafting an application—we think of how this intellectual property will play out in litigation. We can do this because we have successfully litigated trademark, copyright and false advertising cases in federal district and appellate courts throughout the U.S., and routinely handle cases before the Trademark Trial and Appeal Board. We analyze what the client does, what they want, who are their competitors and in the event we have to file a lawsuit, what type of intellectual property will our client need to successfully protect its intellectual property and rights in the marketplace.

Litigation can be an expensive proposition, but if handled skillfully and strategically, it can significantly enhance the value of a brand. Whether we are enforcing or defending your intellectual property, we understand the many options available and we will work with you to determine the best way to resolve your dispute for your business. We do not hesitate to aggressively pursue our clients' interests, but our representation is always purpose-driven and focused on the ultimate business goal. When someone has pirated your domain name or registered domains that trade off of your domain, we can act to recover them. We have successfully recovered hundreds of pirated domain names both through lawsuits and the simpler administrative ICANN Uniform Domain-Name Dispute Resolution Policy ('UDRP'). However, we will not file a frivolous claim or get a client into litigation unless the matter has strategic importance and it is a good case.

Our advantage - We combine our subject-matter knowledge and our litigation expertise with our understanding, through experience, of what clients and their in house counsel really want and need. We can provide our clients with practical analyzing potential litigation issues: realistic assessment of the strength of their position, and the ability to vigorously and successfully advocate that position in the best possible forum to finally resolve the dispute. We thoroughly understand the business rationale underlying every dispute so that we can pursue the most appropriate and cost efficient means to secure a good result for the client.

  • Reviewing advertising, promotions and providing clients practical advice on legal risks.
  • Litigating trademark and trade dress infringement, copyright, false advertising, unfair competition, cybersquatting, dilution, counterfeiting, trade secret, patent and related lawsuits and appeals in federal and state courts throughout the United States
  • Litigating opposition and cancellation actions before the U.S. Trademark Trial and Appeal Board
  • Directing, coordinating and supervising trademark litigation throughout the world

We have successfully represented both small and large companies from all over the United States in trademark and copyright litigation in Ohio, including San Francisco based cable television channel, Current TV, in a preliminary injunction proceeding where the plaintiff was seeking to enjoin the launch of the channel under the mark 'Current'. Current Communications Group LLC v. Current Media LLC, 2005 U.S. Dist. LEXIS 40733 (S.D. Ohio 2005). We represent many Ohio clients including The Ohio State University, for which we obtained a TRO, The Ohio State University v. Thomas, 738 F. Supp 743 (S.D. Ohio 2010), Nationwide Insurance, The Limited, and Cardinal Health (Melwani v. Allegiance Corp., 97 USPQ2d 1537), as well as many companies from outside of Ohio, such as K-Mart and Dell Computer. We represented New York-based fragrance and cosmetics company, Elizabeth Arden, in trademark and false advertising actions in both the Southern District of Ohio, Elizabeth Arden v. Belcam, 2005 U.S. Dist. LEXIS 40734 (S.D. Ohio 2005) and in the Southern District of New York. We have sued counterfeiters on behalf of clothing companies such as Prada, Kate Spade and Burberry, and we have obtained a dismissal in a copyright and design patent infringement suit in Dayton seeking $2.9 Billion against our clients Target Corporation, Iconix, Phillips Van-Heusen, Sean John Clothing, Columbia Sportswear and Bon Ton Stores. Walker v. Strauss, 2009 U.S. Dist. LEXIS 80630.

We have obtained dismissals/transfers of cases filed in Ohio, on the grounds of lack of personal jurisdiction when small companies were sued in Ohio in William R. Hague, Inc., v. Puretech Water Systems, Inc., 2010 U.S. Dist. LEXIS 48901; 94 USPQ2D (BNA) 1247 (2010) and Rothschild Berry Farm v. Serendipity Group LLC, 84 F.Supp. 2d 904 (S.D. Ohio 1999).