Trademark Law

The primary purpose of a trademark is “to identify the origin or ownership of the article to which it is affixed.” Hanover Star Milling Co. v. Metcalf, 240 U.S. 403, 412 (1916). While this purpose is at the heart of the Lanham Act definition of a trademark, the underlying policies of defending valuable property rights, preventing consumer confusion, and economic efficiency are among the core reasons for establishing and vigilantly protecting trademarks.

Our attorneys are experienced in all aspects of trademark law counsel, including mark selection, domestic and international trademark registration, opposition and cancellation proceedings, domain name registration and conflicts, brand strategy, licensing, and litigation before the Trademark Trial and Appeal Board (TTAB) and in federal and state court actions. We work with an international network of firms to develop comprehensive brand protection and expansion strategies, to search and clear marks world-wide, to negotiate resolution of disputes, and to secure and enforce rights.

UNFAIR COMPETITION

Within the context of trade and commerce is the need to police and prevent unfair competition. Unfair competition includes interference with prospective and existing contractual relations; product, service and business misidentification; product substitution or alteration; appropriation of intangible business assets; appropriation of trade secrets and ideas; and injurious promotional and pricing practices.

REPRESENTATIVE EXPERIENCE

• In secondment for in-house counsel, Cynthia Parks managed the international expansion of the portfolio of major brand in over 100 countries, including counseling the internal client regarding mark selection, advertising content, packaging and copy, promotions, risk management, and internal budgeting.
• The firm has successfully pursued and defended federal trademark infringement and unfair competition claims in federal and state courts.
• The firm has successfully represented clients in offensive and defensive actions before the TTAB in the fields of consumer goods, financial services, apparel, and restaurant services.
• The firm regularly manages multi-country clearance projects for in-house counsel, defining search parameters and distilling the opinions of dozens of foreign counsel into actionable plans for advancing global objectives. Where risk is manageable, we coordinate global registration projects by country, region, or using international routes.