Trademark Litigation

Harness Dickey is known for world class trademark litigation. Our litigators are industry leaders in the prosecution and defense of the full spectrum of trademark related claims. We handle all aspects of such disputes, ranging from informal negotiations to trial and appeal — and often with millions of dollars at stake. Our attorneys take a practical, business oriented approach to resolving trademark disputes, ever mindful of the critical balance between cost and result.

We strive to keep our clients out of court and monetizing their marks. However, we do not shy away from a tenacious court battle when our client’s bottom line is at stake. We are known for victory even in the most acrimonious circumstances and arduous court battles. We maintain an impressive record of positive outcomes and published decisions in the areas of trademark and trade dress litigation. Our experience includes the:

  • Negotiation and settlement of disputes before the claim can snowball into expensive litigation
  • Trademark and trade dress litigation, trials and appeals in federal and state courts across the country
  • Pursuit of and defense against requests for temporary restraining orders, preliminary and permanent injunctive relief
  • Prosecution and defense of oppositions and cancellation proceedings both in the U.S. and before the Trademark Trial and Appeal Board, as well as internationally
  • Prosecution and defense of rights of publicity and misappropriation of name and image in advertising
  • Delivery of proactive legal counsel on branding and advertising programs designed to mitigate risk and liability going forward

We offer a significant understanding of the Lanham Act. We know how the Lanham Act overlaps with related state laws pertaining to trademark infringement, unfair competition and dilution. We have also litigated and affirmatively resolved complex trademark claims involving such issues as nominative fair use, use of surnames, reverse confusion and protectability of trade dress.

We are enforcers who leverage our client’s trademark rights in forums worldwide. We strive to achieve consistently positive outcomes in obtaining preliminary injunctions for our clients, a critical way to mitigate damages early in the litigation process. We know how to select and work with expert witnesses in order to properly analyze issues such as secondary meaning, likelihood of confusion and genericness. We are highly skilled in litigating domain name disputes, both pursuant to ICANN proceedings and the Anticybersquatting Consumer Protection Act. We have also achieved major victories in recovering domain names that infringe on another’s trademarks.

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