Enforcement

Trademark enforcement can be crucial to maintaining and growing market share. Harness Dickey is known for customized and cost-efficient global enforcement strategies. Whether on the offense or defense, our attorneys understand how to protect trademarks and trade dress, as well as prosecute and defend unfair competition claims related to false advertising, counterfeit and gray market goods.

We enforce our clients’ trademark rights by designing comprehensive enforcement policies and policing initiatives, while aggressively halting infringers as immediately as possible. Should a dispute escalate into a TTAB proceeding or litigation, we fight fervently to ensure our clients’ marks remain viable and intact.

Enforcement is essential — owners can no longer do nothing or turn a blind eye. If trademark infringement is tolerated, rights to that mark may ultimately be lost or forfeited. As a result, Harness Dickey’s team is known to stop a competitor’s attempt to register an identical or similar mark with a trademark office, or wrongly use such marks in the traditional and online market space. We are also called upon to conduct regular IP enforcement audits as an integral component of a more comprehensive global enforcement strategy, ensuring that our client can enforce their rights in various countries of interest and as needed.

On many occasions, we stop inappropriate use without litigation. By contacting an infringer early, before they are invested in the mark, our clients have enjoyed tremendous cost savings and a quick resolution of the issue. However, when a negotiated solution is not possible, particularly where large scale infringement has run rampant, trademark litigation or arbitration may be the only possible means of resolution. In such circumstances, our firm has been able to recover substantial damages resulting from infringing activity, particularly when such infringement is proven to be intentional. We are also effective at executing injunctive relief, restraining the infringer from continued unlawful action and impounding and eliminating unlawful goods.

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