As part of our Intellectual Property Litigation practice, we provide trademark litigation services.

Trademarks and Trademark Litigation

Trademarks are unique words, designs, or combinations thereof used to identify the source of goods or services. As such, trademarks are important intellectual property assets, building on the goodwill of a brand. When trademark infringement occurs it is often important to take swift action to protect trademark rights. Our trademark trial attorneys are experienced in assisting clients with prosecution and defense in comprehensive trademark litigation involving complex trademark, service mark, and trade dress cases, as well as matters involving cyber piracy, trade secrets, unfair competition, and domain name disputes under the UDRP and Anti-Cybersquatting Act.

In connection with our litigation practice, we offer trademark enforcement and trademark protection programs. We have experience in state court and federal courts in Texas and nationally. We also handle administrative trademark disputes before the U.S. Trademark Office Trial and Appeal Board (TTAB) for trademark oppositions and trademark cancellations.

Trademark Protection – Proactive Measures to Prevent or Prepare for Trademark Litigation

Protection of trademarks and the associated goodwill is not as simple as just obtaining a trademark registration. A company needs to be diligent to protect its rights through monitoring for potential infringement and addressing trademark disputes expeditiously to avoid the potential for consumer confusion and tarnishment of the brand. Sometimes trademark disputes result in trademark litigation. However, it is important to consider the company goals, potential litigation outcomes, and possible consequences when determining the best approach for the business to take given the particular dispute.

To proactively protect your marks and brand name, we offer trademark watch and monitoring services, as well and custom trademark enforcement and protection programs tailored to fit the specific needs of our clients’ trademark defense needs and budgets. These programs also help in building a trademark litigation case against a third party. Our programs include matters involving:

Trademark Counterfeiting

Counterfeiting occurs when a third party manufactures or sells goods, generally of an inferior quality. The third party then “passes off” the goods as someone else’s through the improper use of a recognizable trademark. When someone sells lesser-quality goods without permission, it can damage the trademark owner’s reputation. See our post What are trademark counterfeiting damages? for a discussion of damages.

Reseller & Authorized Dealer Violations (MAP, UPP)

When you authorize resale of your products online you will want to require guidelines of Minimum Advertised Price (MAP) or Unilateral Pricing Policy (UPP). The monitoring of resellers on Amazon, eBay, and other similar online market platforms can be an enormous undertaking. We offer monitoring services to help identify and address reseller violators.

Trademark Monitoring and Trademark Watch Services (Domestic & International)

Find out when a third party files for a mark confusingly similar mark to proactively object to and/or oppose registration.

Worldwide Domain Monitoring for Trademark Infringement

Find out when a third party registers a domain that includes your trademark or is confusingly similar to your mark.

Defensive Domain Name Registration and Maintenance

We help clients obtain domain names in a proactive manner to help avoid the potential for third party registration. The cost of this proactive measure is much less expensive than the cost associated with having to reactively file UDRP proceedings due to Cyber Squatting issues.

Social Media Related Trademark Enforcement

With social media ever evolving and becoming a major source for some in advertising business, there are numerous intellectual property related issues that can arise. Our firm provides programs to identify issues, take proactive measures, and implement best practices. While trademark litigation is often a last measure to take when proper, effective trademark protection measures have been taken, going to court to settle a matter may become necessary.

Local Counsel for Trademark Litigation Matters

We also act as local counsel for out-of-state plaintiffs and defendants involved in trademark litigation in state and federal courts in Texas. See our Local Counsel page for more information regarding our services.

Additional Insights Regarding Trademark Litigation

For more information on trademark litigation legal issues, see our Legal Insights and Industry Solutions pages.