Trademark Infringement Litigation
For both large and small companies, trademarks are incredibly valuable assets. Trademarks identify the source of goods and services in the marketplace. Consumers viewing the iconic golden arches of McDonald's or the Nike swoosh immediately understand the qualities and features related to such products - otherwise known as "goodwill". These marks also signal the source of such goods and services. Most large consumer brands spend large sums of money annually in order to protect their trademark rights around the globe. In many countries, including the United States, the trademark owner's failure to vigorously protect and defend their exclusive trademark rights may result in the loss of such rights.
In the United States, trademarks are protected at the federal level pursuant to the Lanham Act codified at 15 U.S.C. § 1051 et seq. Protection requires registration at the federal level and registration requires use of the trademark in commerce. Once registration is secured, a company may sue for infringements of the mark. Infringements increasingly occur in the online marketplace through the sale of counterfeit goods, use of confusingly similar domain names and various forms of internet advertising including affiliate marketing and keyword advertising.
Our legal team possess a wealth of experience representing plaintiffs and defendants in trademark infringement litigation with a particular focus upon internet based infringements. We understand the key evidentiary and legal issues that often determine the outcome of high dollar value cases. When representing plaintiffs, we know how to gather and package evidence at the outset of a case in order to obtain preliminary injunctive relief and seizure orders which prevent defendants from engaging in ongoing harmful conduct during the pendency of the case. As defendants, we understand how to test the plaintiff's evidence and damages theories through efficient and targeted discovery, including depositions and electronic discovery. With regard to e-discovery, we work with experienced forensic computer experts in order to identify and preserve key evidence often located on servers and hard drives across the globe.Like Everything Else, Trademark Infringement Has Moved Online
Our law firm represents a variety of middle market companies in trademark infringement litigation. Often, our trademark infringement clients operate in the e-commerce retail and software industries. Recent clients include a variety of affiliate marketing networks, internet apparel retailers, auction sites and digital media companies including video game companies.Recent Trademark Infringement Defense Matters
Select Management Resources, Inc., LLC v. D and D Marketing, Inc., Central District of California, Case #10-cv-10008DSF: Mr. Syverson was lead trial counsel defending affiliate networking company D and D Marketing against charges of trademark infringement brought by a national pay day lender. Mr. Syverson obtained a dismissal of the complaint and his client paid no damages to the Plaintiff based, in part, on Mr. Syverson's application of the case of Network Automation, Inc. v. Advanced Systems Concepts, Inc., 638 F.3d 1137 (9th Cir. 2011).
U.S. Healthworks Holding Company Inc. v. Prohealth Medical Group, Inc., Central District of California, Case #12-cv-03687SVW: Mr. Syverson successfully defended a web design company accused of infringing the trademarks of a major health network. Mr. Syverson obtained complete dismissal with prejudice pursuant to the filing of a Rule 12b(6) motion to dismiss. Mr. Syverson was retained by Beazley, a large Lloyd's of London specialty insurer offering digital media coverage to defend the case.
Chloe, et al. v. Sawabeh Information Services Co., et al, Central District of California, Case #11-cv-04147GAF: Mr. Syverson and his team are currently defending a leading international business to business internet marketplace against contributory trademark infringement claims brought by some of the world's best known high end luxury brands including Alfred Dunhill, Chloe, Montblanc and Panerai.Insurance Defense for Trademark Infringement Lawsuits
Various insurers often hire our firm to defend trademark infringement cases either as cumis counsel or panel counsel. We are also experienced examining the various insurance policies held by our defense clients and tendering such policies for defense and indemnity.