Trademark & Copyright Litigation

To be successful in an increasingly competitive marketplace, your company must protect its intellectual property in all forms, including trademarks, copyrights, and related intellectual property assets. The law and communication technologies affecting trademarks and copyright are constantly changing, and thus the strategies necessary to address disputes effectively must evolve to meet new challenges. At Brooks Kushman, we recognize that your company’s brand, logo, website domain, and packaging are the basis of consumer recognition and are considered your most valuable assets.

Our attorneys have extensive experience in protecting and enforcing trademarks and copyrights through litigation and dispute resolution, as well as defending companies from infringement claims. We understand the need to develop a comprehensive strategy for protecting trademarks and copyrights in all important markets, in the U.S. and around the globe. We have a proven track record of serving the world’s most recognizable brands. Our clients regularly turn to us to protect and enforce their rights efficiently and to deliver consistent success.

We have experience both prosecuting and defending trademark-related actions of all types, including:

  • Infringement of Federally Registered Trademarks
  • Infringement of Common Law Trademarks
  • Trademark Dilution
  • Trade Dress
  • False Advertising
  • Right of Publicity
  • Trade and Product Disparagement
  • Unfair Competition
  • Opposition, Cancellation, and Other Administrative Proceedings

We have particular expertise representing companies in Internet-related trademark claims, including proceedings against domain name cybersquatters and infringement claims based on website content and other online activities.

Key Jurisdictions:

Brooks Kushman attorneys have successfully handled trademark, copyright and unfair competition actions in courts across the United States, and have successfully argued appeals in state and federal courts nationwide, as well as tribunals outside the U.S. Our team of attorneys has appeared in Federal Courts in the following jurisdictions:

  • Eastern District of Texas
  • Northern District of Texas
  • Northern District of Illinois
  • Eastern District of Virginia
  • Central District of California
  • District of Delaware
  • Eastern District of Michigan
  • Western District of Michigan

We also represent clients in opposition and other administrative proceedings before the U.S. Patent and Trademark Office Trademark Trial and Appeal Board (TTAB). Over the past several years, Brooks Kushman attorneys have argued more trademark cases before the U.S. Court of Appeal for the Sixth Circuit than any other law firm.

Although Brooks Kushman attorneys enjoy a national reputation for excellence at the trial and appellate level, we understand that litigation is not the solution for all clients and disputes. In some cases, a client’s long-term strategy requires resolving disputes through negotiation and settlement agreements, rather than in the courtroom. We represent clients in negotiated settlements, mediation, and arbitration of IP disputes, consulting with procurement counsel to make sure that the results meet our client’s objectives whenever possible.

Mercado Latino, Inc. V. Indio Products, Inc. (C.D. California) – Successfully represented Indio Products in a trade dress and trademark infringement matter involving prayer candles. Obtained summary judgment of non-infringement by convincing the court that plaintiff had not provided sufficient evidence to meet its burdens of proof to establish that the asserted trade dress possessed secondary meaning and was not functional.

Innovation Ventures, LLC d/b/a Living Essentials, v. N.V.E., INC. – Jury Trial (E.D. Michigan 2016): Trial counsel for plaintiff in trademark infringement action involving plaintiff’s 5 hour ENERGY shot. The jury found that defendant N.V.E. infringed plaintiff’s trademark by its sale of a competing product named “6 Hour Power.”  The jury awarded $10.6 million in damages. Jury also awarded an additional $11.5 million for disgorgement of profits N.V.E. made on the infringing products, which is subject to further review.  The jury also fully rejected the claims brought by N.V.E. which included a $60 million false advertising claim.

Lucky’s Detroit, LLC v. Double L Inc. (E.D. Michigan 2014) – Successfully defended Double L Inc. (“Double L”) in a declaratory judgment action brought by Lucky’s Detroit, LLC (“Lucky’s Detroit”) regarding the LUCKY’S and LUCKY’S STEAKHOUSE and design trademarks owned and registered by Double L (“the LUCKY’S Marks”). Court ruled in Double L’s granting summary favor judgment of non-infringement.  Affirmed in The Sixth Circuit Court of Appeals.

  • Nine Brooks Kushman Attorneys Ranked As 2020 Best Lawyer; Two Attorneys Recognized As 2020 Lawyer Of The Year
    Thursday, August 15, 2019

    SOUTHFIELD, Mich. – Brooks Kushman is proud to announce that the firm has been ranked in the 2020 edition of Best Lawyers list of Best Lawyers. Brooks Kushman President Frank Angileri, and shareholders Mark Cantor, Elizabeth F. Janda, John S. LeRoy, Thomas A. Lewry, Marc Lorelli, John E. Nemazi, David Randall, and Sangeeta G. Shah were listed as 2020 “Best Lawyers...

  • Brooks Kushman Recognized As Gold-Standard Firm By IAM Annual Patent 1000 For the Sixth Year in a Row; Six Attorneys Recognized As Top Practioners
    Tuesday, June 11, 2019

    SOUTHFIELD, Mich. – Brooks Kushman, a leading intellectual property (IP) and technology law firm, is proud to announce the firm is once again listed in Intellectual Asset Management`s (IAM) annual Patent 1000, a guide that recognizes the world`s top patent law firms and practitioners in key jurisdictions. Michigan firms were first included in the...

  • Frank Angileri Named Michigan IP Litigator of the Year
    Tuesday, April 09, 2019

    SOUTHFIELD, Mich. – Brooks Kushman is pleased to announce that Managing Intellectual Property has recognized Frank Angileri as Michigan’s Outstanding IP Litigator of the Year. This award is based on rigorous and impartial research completed through interviews with local firms and corporations. 2019 marks the fourth year Angileri received the award, being named Michigan’s Outstanding Litigator...

  • Five Brooks Kushman Shareholders Recognized As Trademark Leaders, Firm Earns Gold Honor In World Trademark Review 1000 Listing
    Monday, February 04, 2019

    SOUTHFIELD, Mich. – Brooks Kushman has been recognized as a gold-standard trademark firm for the fifth consecutive year by Intellectual Asset Management’s (IAM) annual World Trademark Review 1000. Of the Michigan firms listed in the directory, Brooks Kushman is once again the only firm listed as a gold-standard trademark firm. The guide recognizes the world’s top...

  • Brooks Kushman Ranked In The 2019 Best Law Firms List; Nine Attorneys Ranked As Best Lawyer
    Monday, November 05, 2018

    Southfield, Mich.,- Brooks Kushman is proud to announce the firm has been ranked in the 2019 edition of U.S. News and World Report list of Best Law Firms and Best Lawyers. In Detroit, Brooks Kushman holds a tier one ranking in intellectual property litigation (IP), patent litigation, and patent law. The firm was also recognized...

  • Nine Brooks Kushman Attorneys Ranked As Best Lawyer; Two Attorneys Recognized as Lawyer of the Year
    Wednesday, August 15, 2018

    SOUTHFIELD, Mich. – Brooks Kushman is proud to announce that the firm has been ranked in the 2019 edition of U.S. News and World Report Best Lawyers list of Best Lawyers. Brooks Kushman President Mark A. Cantor, and shareholders Frank A. Angileri, David Randall, Elizabeth F. Janda, John S. LeRoy, Thomas A....

  • 5-hour ENERGY® Named “Top Verdicts of 2016”
    Wednesday, April 26, 2017

    Southfield, Mich. – VerdictSearch has issued their "Top 100 Verdicts of 2016" and the trademark infringement lawsuit litigated by Brooks Kushman, Innovation Ventures LLC  v. N.V.E., Inc. involving the popular 5-hour ENERGY® shot, was listed as one of the top verdicts. The firm secured a $22,136,992 verdict on behalf of...

  • Frank Angileri Named IP Litigator of The Year
    Monday, March 27, 2017

    SOUTHFIELD, Mich. – Brooks Kushman is pleased to announce that Shareholder Frank Angileri was named Michigan’s IP Litigator of the Year by Managing Intellectual Property Magazine. 2017 marks the third consecutive year Angileri has been the recipient of this award. Angileri, who also serves as Co-Chair of Brooks Kushman’s Post-Grant Proceedings practice, was awarded for...

  • Brooks Kushman Earns Gold Honors In World Trademark Review 1000 Listing
    Wednesday, January 18, 2017

    SOUTHFIELD, Mich. – Brooks Kushman has been recognized as a gold-standard trademark firm for the third consecutive year by Intellectual Asset Management’s (IAM) annual World Trademark Review 1000, a guide that recognizes the world’s top trademark law firms and practitioners in key jurisdictions. Of the Michigan firms listed in the...

  • Brooks Kushman Congratulates 7 Attorneys Named as 2017 Best Lawyers In America
    Wednesday, August 17, 2016

    Southfield, Mich. -Brooks Kushman President Mark Cantor, and Shareholders Frank Angileri, Marc Lorelli, John LeRoy, Elizabeth Janda, Thomas Lewry and John Nemazi have been selected for inclusion in the 23rd edition of The Best Lawyers in America. Brooks Kushman attorneys were recognized as 2017 Best Lawyers across a variety of intellectual property (IP) practice areas, including: Mark Cantor – IP Litigation,...

  • Brooks Kushman Secures Largest Trademark Verdict in Michigan History for 5-Hour Energy
    Monday, February 29, 2016

    SOUTHFIELD, MI – A team of Brooks Kushman trial attorneys secured a multi-million-dollar jury verdict for trademark infringement in favor of Innovation Ventures LLC, the makers of 5-hour Energy® shots, against N.V.E., Inc. of New Jersey. The verdict included an award of $10.6 million in damages for N.V.E.’s manufacture and...

  • Brooks Kushman Earns Gold Honors In World Trademark Review 1000 Listing
    Monday, January 25, 2016

    SOUTHFIELD, Mich. – Brooks Kushman has been recognized as a gold-standard trademark firm for the second year by Intellectual Asset Management’s (IAM) annual World Trademark Review 1000, a guide that recognizes the world’s top trademark law firms and practitioners in key jurisdictions. Of the Michigan firms listed in the directory,...

  • Five Brooks Kushman Attorneys Recognized as 2016 Best Lawyers in America
    Wednesday, August 19, 2015

    Southfield, Mich. -Brooks Kushman President Mark Cantor, and Shareholders Frank Angileri, Marc Lorelli, John LeRoy and Elizabeth Janda have been selected for inclusion in the 22nd edition of The Best Lawyers in America. Brooks Kushman attorneys were recognized as 2016 Best Lawyers across a variety of intellectual property (IP) practice areas,...

  • Brooks Kushman Hosts Women in IP Global Networking Event
    Thursday, May 14, 2015

    SOUTHFIELD, Mich. – Brooks Kushman, Michigan’s largest intellectual property (IP) law firm, will host the American Intellectual Property Law Association’s (AIPLA) 2015 Cross-Country Women in IP Networking Event for the Detroit region. This is the fourth year that Brooks Kushman will host the event, which will take place May 21 from 6-9 p.m. at MEX...

  • Brooks Kushman Shareholder Receives WLAM Regional Leadership Award
    Monday, April 20, 2015

    SOUTHFIELD, Mich. – Brooks Kushman is pleased to announce that Shareholder Kristin Murphy received the Women Lawyers Association of Michigan’s (WLAM) Regional Leadership Award. WLAM will present the award during its 97th Annual Meeting on April 24, 2015 at the College of Creative Studies in Detroit. The Regional Leadership Award recognizes...

  • Brooks Kushman Earns Gold Honors in World Trademark Review 1000 Listing
    Tuesday, January 27, 2015

    SOUTHFIELD, Mich. – Brooks Kushman, intellectual property and technology law firm, is now listed in Intellectual Asset Management’s (IAM) annual World Trademark Review 1000, a guide that recognizes the world’s top trademark law firms and practitioners in key jurisdictions. The 2015 IAM World Trademark Review 1000 issue marks the first time...

      • Frank Angileri Featured in Bloomberg BNA
        Tuesday, August 16, 2016

        SOUTHFIELD, Mich. – Brooks Kushman Shareholder Frank A. Angileri was featured in Bloomberg BNA’s August 11, 2016 article, “Federal Judge Shortages Take Toll on Business Litigation.” The article discusses the potential impacts of the Senate’s sluggish pace in filling federal judicial vacancies have on the ability to resolve key cases, including...

          • 2018/2019 Supreme Court Intellectual Property Review
            Thursday, July 11, 2019

            The U.S. Supreme Court has concluded their term and continues to issue significant decisions affecting intellectual property.  While the Court was relatively quiet on the patent side, they did issue a number of landmark copyright and trademark decisions. During this one-hour webinar, Frank Angileri and Chanille Carswell discussed the Court’s...

          • Managing High-Stakes IP Litigation
            Monday, July 08, 2019

            Intellectual property assets, including patents, copyrights, trademark, and trade secrets, represent critical assets in today’s marketplace. Over the last several years, IP litigation has changed drastically and includes administrative proceedings that play a significant role in shaping your litigation strategy. In this webinar, Brooks Kushman IP litigators discussed how to prepare...

          • IP Litigation in 2019: Key Developments from 2018 and Predictions for the New Year
            Monday, December 17, 2018

            2018 was another eventful year for intellectual property litigation. In addition to developments in AIA post-grant trials before the PTAB, the Supreme Court and Federal Circuit issued several landmark decisions affecting both IP owners and accused infringers. By all indications, 2019 promises even more changes, as the Supreme Court already...