Trademark Litigation and False Advertising Issues

With your brand and its reputation at the heart of your relationship to clients, maintaining its integrity is a critical aspect of business. If your brand is threatened – either in a trademark dispute or a false advertising claim – an immediate, effective response could make all the difference in how your business weathers those challenges. And because brand is so central your business’ identity, it can be a highly emotional issue. To avoid getting entrenched in an emotional morass while dealing with trademark disputes or false advertising issues, you’ll want a team that effectively execute on a strategy designed to protect your rights with as little impact on your business as possible. Amicable settlements can often be achieved by opting for the right legal tools and strategies, but you’ll need experienced trademark attorneys who know what those are, and how to wield them to your advantage. DRM has just such a team. Our deeply experienced trademark attorneys are adept at negotiating settlements, executing coexistence agreements to resolve issues amicably and, ideally, avoiding the need to spend more on legal fees to litigate, all to ensure that your brand, and budget, remain intact.

For more information regarding trademark disputes or false advertising issues, please contact Peter Kunin or Cathleen Stadecker

DRM’s trademark dispute attorneys are experienced litigators who favor alternative dispute resolution.

DRM’s trademark dispute and false advertising claim attorneys can and do litigate trademark disputes, but litigation is hardly ever our  first course of action. Why? Because litigation can be protracted and expensive, and it often doesn’t produce a positive return on investment. That’s why we begin every matter with a discovery process designed to identify our clients’ business goals and objectives, then we collaborate with our clients to evaluate the various strategies to resolution, and then help them make sound business decisions based on data. Additionally, our dedicated team of attorneys and paralegals is highly responsive to our clients’ needs and has extensive experience with resolving disputes creatively, efficiently and quietly. 

DRM’s trademark attorneys aren’t just problem solvers. To our clients, we are trusted advisors.

When our clients face a dispute, we provide counsel on all the potential alternative dispute resolution options, including formal and informal methods of resolution. We treat each matter as if it were our own, bringing a pragmatic approach as we strive to find ways to resolve disputes as efficiently as possible while staying true to our clients’ objectives. Our first course is almost always alternative dispute resolution, during which we’ll exert our substantial experience in mediation and arbitration. We explore and evaluate a series of alternatives and their respective risk/rewards before setting upon any course of action. If alternative dispute resolution fails, we’ll of course bring to bear our significant litigation skills, quickly assembling an experienced team to ensure your brand remains intact.

Trademark Disputes. DRM attorneys counsel clients on trademark disputes, including policing and enforcing trademarks and responding to and defending claims of trademark infringement, both in the U.S. and abroad. Our practice is centered on negotiating trademark settlements, where possible, including licensing and coexistence agreements to resolve disputes amicably instead of in court. When alternative dispute resolution fails, we handle litigation before the Trademark Trial and Appeal Board (TTAB) and in federal court.

Domain Name Disputes. With websites popping up every second of every day, there are a lot of misapprehensions about what is permissible in connection with the registration and use of domain names. Our attorneys frequently handle Uniform Dispute Resolution Procedures (UDRP) procedures involving domain names, and other issues relating to online infringement. With their vast experience, our attorneys can help you make sense of all the clutter, evaluate your options and determine the best course of action for your circumstances.

False Advertising Disputes. With respect to false advertising disputes, we have a broad range of experience, including inter-competitor controversies involving false or misleading statements, comparative advertising, claim substantiation and consumer class actions. 

Recent Accomplishments

DRM’s attorneys have deployed alternative dispute resolution techniques to the benefit of clients in a variety of industries, both locally and nationally. Here are some representative examples:

  • When a New England-based lodge and brewery found its trademark infringed by a Seattle restaurant, we attempted to amicably resolve the infringement.  While litigation in federal district court in Seattle was needed for a time, the Seattle restaurant ultimately changed its name.
  • When a client discovered that their domain name had been hijacked, we used Uniform Dispute Resolution Procedure (UDRP) administrative procedure to enable the client to regain possession of their domain and go about its business without disruption.
  • Successfully obtained a settlement agreement for a mobile app company under which the infringer agreed to abandon its trademark application and transition to another name.
  • On behalf of a national gluten-free baked goods company, DRM attorneys successfully obtained settlement agreements under which the infringers agreed, outside of court, to stop using names similar to our client’s brand name.
  • A national manufacturer of eco-friendly modular homes engaged DRM’s attorneys when they learned that a lower-quality competitor was infringing upon their trademark.
  • Working closely with the company’s general counsel and other management, DRM obtained a highly favorable settlement under which the infringer agreed to cease use of the client’s trademarks, copyrights and trade secrets, allowing our client to secure their market position.
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