Trademark/Copyright Litigation


Our clients’ trademarks are among their most valuable assets. Many trademarks are not merely source-identifiers, but brands delivering a promise of quality and consistency to consumers. As a result, trademarks must be protected. The IP attorneys in Ulmer & Berne’s trademark litigation practice have extensive experience in enforcing trademark rights and defending against trademark infringement claims. Our experience includes traditional trademarks, such as word marks, slogans, and designs, as well as non-traditional marks including trade dress, color, and sound marks.

We represent clients in federal court and the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office (USPTO). Our attorneys have tried trademark infringement cases to verdict in federal district court, and have argued trademark appeals in circuit courts. Similarly, we have litigated trademark opposition and cancellation actions to final decisions, including oral argument before the TTAB. We efficiently manage all phases of the trademark litigation process, including working with the top survey experts in the field.

Our clients’ creative works are entitled to the same level of protection as their brands. Ulmer & Berne’s copyright litigators have protected our clients’ copyrights in courts around the country. Our experience allows us to manage major copyright litigation while providing exceptional value to our clients.

 

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...

The World Trademark Review (WTR) has recognized Ulmer & Berne 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 fifth consecutive year...

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

Ulmer & Berne LLP partner Thomas M. Williams is recognized for the fourth consecutive year by the World Trademark Review (WTR) in their “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. An accomplished litigator,...

“Trademark Issues Get Attention From Supreme Court Preclusion, Deference, Re-Litigation and Other Topics Get a Lot of the Attention From the Supreme Court Justices” InsideCounsel December 4, 2014

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 is named to the BTI IP Honor Roll as described in the “BTI Intellectual Property Outlook 2015: Changes, Trends and Opportunities in IP & IP Litigation.” BTI Consulting is a leading provider of market research for professional service firms. The BTI IP Outlook 2015 combines a...

“Lanham Act Suit Proceeds Against Coke; Consumer Attorneys Call Ruling a Boon” Bloomberg BNA Product Safety & Liability Reporter June 12, 2014

“Lanham Act Suit Proceeds Against Coke; Consumer Attorneys Call Ruling a Boon” Bloomberg BNA Product Safety & Liability Reporter June 12, 2014

“Sixth Circuit Upholds Infringement Finding Against Bar’s Owner for Copyright Violations” Bloomberg BNA Patent, Trademark & Copyright Law Daily June 11, 2014

“Court Opens Lanham Claims to Non-Direct Competitors” The National Law Journal March 25, 2014 “High Court Clears Up False Ad Standing In Lexmark Ruling” Law360 March 25, 2014 “Supreme Court: Non-Competitors May Have Standing for False Advertising Claims” Bloomberg BNA’s Patent, Trademark & Copyright Journal March 25, 2014

Ulmer & Berne LLP partner Thomas M. Williams is recognized for the third year in a row by the World Trademark Review (WTR) in their “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. An...

Ulmer & Berne LLP announced a significant expansion to its Intellectual Property & Technology Practice with the addition of patent litigator John F. Bennett as counsel in the firm’s Cincinnati office. Mr. Bennett, who joins Ulmer & Berne from Baker & Hostetler, adds depth to the Intellectual Property & Technology...

Representative Experience

  • Represented a multinational manufacturer of welding, cutting, and joining products in a domain name dispute filed under the UDRP against a serial cyber squatter engaged in “typosquatting” use of the client’s trademarks.
  • Obtained permanent injunction in trademark and trade dress infringement and dilution action involving an iconic advertising spokesperson used by one of the nation’s largest automotive insurance providers.
  • Obtained permanent injunction and $2 million statutory damages award in trademark counterfeiting civil action against fraudster offering fictitious loans to consumers under client’s federally registered financial services marks.
  • Appealed a trade dress protection case for a market newcomer accused of copying a large competitor’s unpatented grease pump. The Sixth Circuit reversed the decision and saved the client $2 million in damages.
  • Represented leading mobile communications devices manufacturer in USPTO Trademark Trial and Appeal Board (TTAB) opposition involving a sound mark.
  • Represented a national performing rights organization against commercial establishments that play or allow performance of unlicensed copyrighted music.
  • Represented a global software corporation in its software anti-piracy litigation throughout Ohio. Cases involve both copyright and trademark infringement claims.
  • Represented the nation’s largest fabric and craft retailer in design, patent, infringement, trade dress infringement, and unfair competition litigation.
  • Defended a leading mobile communications devices manufacturer in trademark infringement and unfair competition action in federal district court.
  • Represented owner of a famous luxury goods trademark, and its manufacturer licensee, in USPTO Trademark Trial and Appeal Board (TTAB) opposition.
  • Represented leading provider of domain name registration and online brand protection services in 15 U.S.C. § 1071(b) civil action appeal of USPTO Trademark Trial and Appeal Board (TTAB) opposition.
  • Represented automobile dealerships in false advertising and unfair competition litigation in federal district court.
  • Represented payment processing services provider in false advertising and unfair competition litigation in federal district court.
  • Represented a payday lender in litigation against competitors in a trademark-infringement and cybersquatting action.
  • Represented a major public service multimedia organization in trademark litigation involving its primary trademark.
  • Represented a leading horse saddlery company in trademark litigation involving one of its primary brand names.
  • Represented a national transportation logistics company in trademark litigation involving its primary trademark.
  • Represented a major insurance company in Internet domain name disputes and enforcing its trademark rights.
  • Represented a major manufacturer in prosecuting a trade dress infringement claim against a competing similarly configured product.
  • Represented an online financial company in a copyright infringement action regarding content copied from its website.
  • Represented a Christmas decorations manufacturer in Trademark Trial and Appeal Board (TTAB) proceedings to block attempted registration of a confusingly similar trademark.
  • Represented a manufacturer of children’s toys and home and garden products in trademark cancellation proceedings before the TTAB.
  • Represented the manufacturer of a consumer timer for dispensing medication in trademark cancellation proceedings before the TTAB.