Practice Areas
Loading...

Intellectual Property Litigation

Intellectual property disputes usually begin—and sometimes end—with a “cease and desist” letter. Yet every action taken to enforce or defend, intellectual property claims requires a deep understanding of the often-complex legal issues. We balance a thoughtful, common-sense approach with aggressive representation, and have achieved excellent results for a broad range of clients.

Trademark Disputes

  • Ownership
  • Infringement
  • Dilution
  • Licensing
  • Franchising
  • Trade dress
  • Gray market
  • Fair use
  • Domain names/keyword advertising
  • Parody
  • Trademark trial and appeal board (appeals, opposition, and cancellation proceedings)Counterfeiting UDRP actions Fraud

Copyright Disputes

  • Infringement
  • Ownership
  • Fair Use
  • Parody/First Amendment
  • Licensing
  • Counterfeiting

Domain Name and Internet-related Disputes

  • Ad-triggering keywords
  • Cybersquatting
  • Metatags
  • ISP liability
  • Privacy issues
  • Spam

Patent Disputes

  • Infringement
  • Invalidity
  • Licensing
  • Ownership

Trade Secret Disputes

  • Enforcement
  • Defense

False Advertising/Labeling Disputes

  • Prosecution and defense of false advertising claims

Unfair Competition Disputes

  • Trade disparagement
  • Defamation
  • Rights of publicity
  • Deceptive trade practices

Representative Matters

  • Birchwood Laboratories v. Battenfeld Technologies, Nos. 09-cv-3555(MJD/JJK), 11-cv-883(MJD/JJK) (D. Minn. 2012) (represented sporting goods manufacturer in declaratory judgment action to invalidate patent, and defending patent infringement claims, and in defending parallel patent false marking case; successfully resolved before trial)
  • American Dairy Queen Corp. v. McMurray, No. 11-00859-CV-W-GAF (W.D. Mo. 2011) (represented franchisor in obtaining restraining order and preliminary injunction based on trademark law against franchisee whose restaurant was poorly maintained in violation of company standards)
  • Southern Grouts & Mortars, Inc. v. 3M Company, 575 F.3d 1235 (11th Cir. 2009) (affirming summary judgment granted in client’s favor in domain name dispute involving trademark infringement and cybersquatting claims)
  • Saul Zaentz Co. v. Wozniak Travel, Inc., 627 F. Supp. 2d 1096 (N.D. Cal. 2008) (granting summary judgment in client’s favor, dismissing trademark infringement claims by producer of Lord of the Rings films, where client had used its mark HOBBITT TRAVEL for three decades)
  • Clam Corp., Inc. v. Innovative Outdoor Solutions, Inc., 2008 WL 5244845, 89 U.S.P.Q.2d 1314 (D. Minn. 2008) (successfully represented client in opposing trade dress infringement claim based on the plaintiff’s registration of a color blue for ice fishing shelters)
  • Taylor Corp. v. Four Seasons Greetings, LLC, 403 F.3d 958 (8th Cir. 2005) (affirming copyright infringement verdict regarding greeting card designs in client’s favor)
  • American Dairy Queen Corp. v. New Line Productions, Inc., 35 F. Supp. 2d 727 (D. Minn. 1998) (preliminarily enjoining defendant from using “Dairy Queens” as a motion picture title; film ultimately released under the title “Drop Dead Gorgeous”)
  • Represented defendant in false advertising and deceptive trade practices action brought by competitor regarding statements on product label
  • Represented manufacturer of storage area network technology in trade secret case against competitor