Kelley Drye IP litigators have earned a reputation as “tough but straight-up” adversaries. Unlike many of our competitors, we are known for trying cases to judge or jury if to do so is in our clients’ best interests. Our track record of trial victories, coupled with the depth of our technical know-how and our cross-discipline teamwork, often enables us to achieve advantageous settlements for our clients in the early stages of a dispute. Kelley Drye also has extensive experience in successfully arbitrating IP disputes both domestically and in international arbitration tribunals.
Often the key strategic decisions in intellectual property cases are made before the suit or arbitration is started. Our IP litigators, when time permits, work hand-in-hand with our clients to identify their objectives and to assess the prospects of success and budget the costs of pursuing their trademark, copyright, patent, false advertising, trade secret and other unfair competition claims. We also help our clients anticipate and evaluate potential counterclaims and select the venues and forums best suited to achieve our clients’ objectives in a cost effective manner. We are an international law firm and we take a global approach to advising our IP clients on enforcement strategy. We do not hesitate to advise clients to commence enforcement actions in Europe or Asia rather than the United States if it is advantageous to do so.
Trademark, false advertising, copyright and unfair competition cases may be won or lost on threshold motions for preliminary injunctive relief. Kelley Drye’s team approach, combining seasoned trial lawyers with practitioners with extensive experience in survey research and the substantive law, has proven its worth in meeting the tight time deadlines required by such motion practice. We have obtained preliminary injunctions and fended off opponents’ requests for emergency relief on numerous occasions.
Kelley Drye represents and advises clients in all aspects of trademark and copyright practice including trademark counseling, prosecution and filings; design and trade dress protection; copyright acquisitions, registrations, protection, confidentiality agreements and enforcements; licensing, distribution and corporate transactions; internet challenges including new gTLDs and ICANN domain disputes; anti-counterfeiting and grey goods; as well as strategies and policing. Kelley Drye’s Trademark and Copyright practice was recognized as a leading practice by Chambers USA 2016, which noted that we had a team of “phenomenally smart lawyers” with “very strong technical skills.”
Our patent attorneys and agents handle a full range of matters ranging from patent litigation, including Hatch-Waxman statutes; preparing opinion on patentability, preparation and prosecution of U.S. and foreign patent applications; reissues, re-examinations and interferences; patent and technology licensing; infringement avoidance; appeal to the U.S. Court of Appeals for the Federal Circuit; counseling on patent acquisitions, transfer and licensing; and corporate mergers and acquisitions, joint ventures, co-marketing and investment due diligence.