Our team is adept at all aspects of trademark and copyright law, including clearance, prosecution, maintenance and enforcement of trademarks and copyrights worldwide; distribution and licensing arrangements; grey market and counterfeiting issues; marketing practices; and adversarial proceedings in U.S. Federal District Court, U.S. Trademark Trial and Appeal Board (TTAB), and ICANN Domain Dispute proceedings. As a result, we are able to offer our clients far more breadth and depth of practice than most of our peers. We not only help our clients build and protect their intellectual property rights through strategic counseling and domestic and international prosecution, but also aggressively represent such clients in court and other adversarial proceedings.
“Success” is measured differently in each unique dispute we handle. We strive to devise a litigation strategy that is cost effective and tailored to reach our clients’ business objectives. Our Trademark and Copyright practice is highly respected in the field. For the second year in a row, our Intellectual Property litigation practice was named an “IP Litigation Powerhouse” and to “Most Feared Law Firms” by BTI Consulting in its Litigation Outlook 2017 and 2018. This recognition speaks to the talent and conviction of the firm’s attorneys, and to the firm’s strategic preparation in large, high-stakes litigation. In addition, our IP team received a National ranking for Litigation–Intellectual Property in the “2017 U.S. News & World Report” and “Best Lawyers” joint ranking of “America’s Best Law Firms,” and regional rankings in New York City, Washington, D.C. and Chicago for IP Litigation. Each year we are recognized as a leading practice by Chambers USA, which noted that we had a team of “phenomenally smart lawyers” with “very strong technical skills.” The team is also consistently ranked in Legal 500 for both Trademarks: Litigation and Trademarks: Non-contentious.
Our IP litigators have earned a reputation as tough 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 our technical know-how and cross-discipline teamwork, often enables us to achieve advantageous settlements for our clients in the early stages of a dispute. We also have extensive experience in successfully arbitrating IP disputes both domestically and in international arbitration tribunals. The international flavor of Kelley Drye’s practice has proven advantageous in handling the diverse legal problems of the globalized economy
Many times, the key strategic decisions in intellectual property cases are made before the suit or arbitration is started. Trademark, trade dress, trade secrets, false advertising, copyright and unfair competition cases may be won or lost on threshold motions for preliminary injunctive relief. Our team combines seasoned trial lawyers with practitioners with extensive experience in survey research and the substantive law, enabling us to meet the tight deadlines required by such motion practice. We have obtained preliminary injunctions and fended off opponents’ requests for emergency relief on numerous occasions.
The type of disputes we handle include:
- Trademark and trade dress infringement, dilution and unfair competition actions in federal and state courts
- Actions for §43(a) Lanham Act violations, false advertising and deceptive consumer practices in federal and state courts
- Copyright infringement actions in federal court
- Trademark proceedings in the Trademark Trial and Appeal Board of the United States Patent and Trademark Office
- UDRP, URS and other ICANN Domain Dispute proceedings
- Appeals to the Federal Circuit Court of Appeals
- Proceedings before U.S. International Trade Commission and U.S. Customs Service
Our record of success, as shown in the representative matters tab, speaks for itself.