IP Litigation


Savvy clients know that the best protection against incursions on their intellectual property is a strong dose of prevention. But sometimes, litigation is the only available remedy for protecting an organization’s innovative ideas, products, processes, and brands, and thus its competitive advantage in the marketplace. Ulmer & Berne’s seasoned trial lawyers include those with deep experience and expertise both in prosecuting and defending IP and technology-related claims. Our clients in this area range in size from small entrepreneurial ventures to large multi-national institutions. We represent both public and private clients in complex IP cases involving:

In addition to providing these core IP litigation services, we also assist our clients in other types of litigation concerning technology-based claims or subject matter.

Ulmer & Berne LLP is pleased to announce the election of three partners to the firm, effective January 1, 2020. This class of new partners includes attorneys with backgrounds in diverse legal disciplines and who reflect Ulmer’s commitment to providing sophisticated advice and counsel. “We are happy to welcome Kristin,...

Ulmer & Berne LLP is pleased to announce that Partner Rachael L. Rodman was recently appointed as a member of the Intellectual Property Owners Association (IPO) Diversity & Inclusion Committee, which is dedicated to establishing organizational focus around and executing programs based on diversity and inclusion. As one of IPO’s Management and...

By Thomas M. Williams and Hillary E. Maynard In late February, a group of Kona, Hawaii coffee farmers filed a lawsuit in federal court in Seattle against coffee distributors, wholesalers, and retailers selling allegedly counterfeit Kona coffee products. The 19 defendants in this action include mega retailers Amazon, Walmart, and...

Earlier this month, a federal jury in North Carolina hit Walmart with a $95.5 million verdict for its willful infringement of Variety Stores, Inc.’s “BACKYARD” trademarks. The jury awarded $45.5 million as a reasonable royalty and disgorged $50 million in Walmart’s profits to create the total award. The case presents...

Ulmer & Berne LLP is pleased to announce that Partner Rachael L. Rodman was recently appointed as a Vice Chair of the Intellectual Property Owners Association (IPO) Women in IP Committee, which seeks to promote the advancement of women in IP law and to increase the diversity of IPO’s membership. As Vice...

Ulmer & Berne LLP is pleased to announce that 11 of the firm’s attorneys have been recognized by Cincy Magazine as Cincy Leading Lawyers. Attorneys selected as Cincy Leading Lawyers are considered to be the best in the Tristate area. Members of Greater Cincinnati’s legal community nominate their colleagues each...

Ulmer & Berne LLP is pleased to announce that five attorneys from its Chicago office have been selected to the 2019 list of Illinois Super Lawyers. The list features the top attorneys in the state, chosen for their demonstrated excellence in the practice of law. Of those named from Ulmer,...

Ulmer Partner Thomas M. Williams was recently quoted in Managing Intellectual Property, World Intellectual Property Review, and Law360 about pressing trademark cases. In Managing Intellectual Property’s “Hey! Wait! Nirvana’s Got A New Copyright Complaint” and World Intellectual Property Review’s, “Lawyers cast doubt on Nirvana claims against Marc Jacobs,” Williams comments...

Ulmer Partner Thomas M. Williams was recently published in both IP Watchdog and Westlaw Journal Intellectual Property on the Converse shoe design fight. In IP Watchdog, Williams wrote an article discussing the recent Federal Circuit Court of Appeals decision in the Converse case and how the decision highlights multiple obstacles...

Ulmer & Berne LLP is pleased to announce the addition of three associates to the firm. Kathryn (Katie) Bartolomucci and Brooke Tyus join Ulmer’s Cleveland office, while Hillary Maynard joins the firm’s Chicago office. “We’re thrilled to bring Katie, Brooke, and Hillary on as associates,” said Scott P. Kadish, Managing...

Ulmer & Berne LLP is proud to expand its Columbus office with the addition of Partner Rachael L. Rodman. Rodman is an accomplished litigator who concentrates her practice in the area of IP litigation, and has experience representing clients in a variety of cases involving patent, trademark, copyright, and trade secret...

The World Trademark Review (WTR) has recognized Ulmer & Berne LLP partners Thomas M. Williams and Michael A. Marrero in its “WTR 1000 – The World’s Leading Trademark Professionals” rankings. WTR is the world’s only independent multimedia publication dedicated exclusively to reporting on trademark issues. This marks the seventh consecutive...

Ulmer & Berne LLP is pleased to announce the promotion of Seth A. Voit to partner. Voit, a member of Ulmer’s Intellectual Property & Technology Group, is based in the firm’s Cincinnati office. “We are both excited and fortunate to welcome Seth into our partnership,” said Ulmer Managing Partner Scott...

Today, the United States Supreme Court overturned a provision of the Lanham Act that disallowed registration of terms or phrases that “may disparage” persons in Matal v. Tam. The Supreme Court ruled that the so-called “disparagement clause” of the Lanham Act violated the free speech provisions of the First Amendment....

The World Trademark Review (WTR) has recognized Ulmer & Berne LLP partners Thomas M. Williams and Michael A. Marrero in its “WTR 1000 – The World’s Leading Trademark Professionals” rankings. WTR is the world’s only independent multimedia publication dedicated exclusively to reporting on trademark issues. This marks the sixth consecutive...

Ulmer is ranked in 39 categories in the 2017 U.S. News – Best Lawyers “Best Law Firms” rankings. Among these, the firm earns U.S. News – Best Lawyers highest rankings in 21 categories. The firm also ranks nationally in 15 categories. Firms included in the 2017 “Best Law Firms” are...

BTI Consulting Group has ranked Ulmer & Berne LLP in the BTI Litigation Outlook 2017 among the top 15 percent of firms serving large corporate clients in the areas of commercial litigation, employment litigation, and IP litigation. The Litigation Outlook is based on direct feedback from leading legal decision makers....

“Daily Fantasy Wide Open For Student-Athlete Publicity Suit,” Law360, August 31, 2016 With a new football season looming, millions upon millions of people are frantically drafting or putting the finishing touches on their fantasy football teams. In recent years, a certain variety of fantasy football called “daily fantasy” enjoyed a...

“TrueCar Must Face Some Claims in $250M False Ad Suit,” Law360 January 8, 2016

“US District Court Upholds Cancellation of ‘Redskins’ Registrations” World Intellectual Property Review July 9, 2015

Ulmer & Berne LLP has been ranked within the top 10 percent of all law firms by The BTI Consulting Group, one of the nation’s leading legal industry research firms, in their recently published 2015 BTI Litigation Outlook report. The firm was selected as a “Litigation Powerhouse” and is named...

Ulmer & Berne LLP has been recognized among the 2014 Go-To Law Firms® as indicated by a survey of general counsel at the top 500 companies in the U.S. by American Lawyer Media (ALM). Ulmer & Berne was selected by 15 Fortune 500 companies as their go-to- law firm in...

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