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.
On December 27, 2020, the Consolidated Appropriations Act, 2021, was signed into law. Most famous for the inclusion of the $900 billion COVID-19 stimulus package, the bill also included the Trademark Modernization Act of 2020 (TMA), which will be implemented on December 27, 2021. The TMA was introduced as part...
March 25, 2021
How much would it hurt your business to lose your Facebook or Shopify store, your Twitter handle, or your Amazon Brand registration? Today, more than ever, these secondary platforms define success or failure for an e-commerce or direct-to-consumer (DTC) business. Intellectual property (IP) law is here to help – and...
October 21, 2020
Ulmer Partner Rachael L. Rodman recently provided her professional perspective to Bloomberg Law in her article, “Reasonable Measures Under the DTSA.” In the article, Rodman examines the Defend Trade Secrets Act and the factors courts consider in evaluating sufficient reasonable measures to protect the secrecy of information, and also provides...
January 03, 2020
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...
June 05, 2019
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 Costco, as well as several smaller coffee sellers....
June 03, 2019
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...
February 22, 2019
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...
February 19, 2019
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,...
January 24, 2019
Ulmer & Berne LLP is pleased to announce the election of four partners to the firm, effective January 1, 2019. This class of new partners includes accomplished attorneys from three of Ulmer’s offices who have diverse experience spanning multiple legal disciplines. “Through their hard work, determination, and dedication to providing...
January 02, 2019
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...
November 06, 2018
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...
February 16, 2018
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....
June 19, 2017
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...
January 13, 2017
The United Kingdom (“UK”) voted in favor of exiting the European Union (“EU”) on June 23, 2016, in a decision commonly referred to as the “Brexit.” If you have European Union Intellectual Property Office (“EUIPO”) registered trademarks or designs, or if you have pending applications before the EUIPO, you may...
June 24, 2016
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...
January 19, 2016
“US District Court Upholds Cancellation of ‘Redskins’ Registrations” World Intellectual Property Review July 9, 2015
July 09, 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...
October 23, 2014
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...
July 08, 2014
“Sixth Circuit Upholds Infringement Finding Against Bar’s Owner for Copyright Violations” Bloomberg BNA Patent, Trademark & Copyright Law Daily June 11, 2014
June 11, 2014
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...
January 14, 2014
- 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.
- Successfully opposed competitor’s applications to register similar trademarks covering hair care products in consolidated opposition proceeding before the USPTO Trademark Trial and Appeal Board.
- 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.