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.