Trademark & Trade Dress Litigation

Overview

Our trademark and trade dress practice recognizes that a client’s brand, either via trademarks or distinctive packaging, or other trade dress, often represents a client’s most valuable assets. While litigation may be a last resort, we have decades of experience resolving disputes, either via litigation or alternative dispute resolution, over such matters.

Our practice has both successfully obtained and successfully defended preliminary injunctions brought to enforce rights in trademark or trade dress.

Once a decision to litigate has been made, we are extremely thorough and careful in trial preparation, from document collection, review and production, and depositions through the trial of the case. AGG utilizes dispositive motions and other motion practices to reduce the number of claims asserted or can result in an early resolution of the case. Should a case proceed to trial, we present complicated subject matter and evidence in a way that is easily understandable by a judge or jury.

Experience

  • Led representation of global specialty vinyl manufacturer in federal lawsuit and TTAB cancellation proceeding brought under the Lanham Act and related state laws against unauthorized reseller Defendants who engaged in trademark infringement and false advertising by, among other things, incorporating our client’s mark into their own federally registered mark.  The matter was successfully settled in our client’s favor during the discovery period.

  • Represented U.S. manufacturer in federal trademark infringement action against a former distributor. Obtained summary judgment on manufacturer’s trademark infringement claim, which included an award of treble damages and attorney’s fees. Successfully defeated distributor’s appeal of the district court’s summary judgment order in the United States Court of Appeals for the Eleventh Circuit and petition for writ of certiorari to the United States Supreme Court.

  • Obtained favorable settlement for a consumer products company in its trademark and copyright infringement lawsuit against an international counterfeiter. Conducted an ex parte seizure of counterfeit goods stored at a warehouse with the assistance of U.S. Marshals.

  • Obtained favorable settlement for a marine products company in its Lanham Act lawsuit against a competitor using website Meta tags and Google AdWords infringing the company’s trademarks.

Client Successes

Recognition

World Trademark Review’s WTR 1000, the only standalone publication to recommend law firms and individual lawyers worldwide who work in the trademark field, recognizes AGG’s Trademark practice. Tucker Barr, Anuj Desai, Steve Dorvee, and Matt Wilson are also included individually as leaders in this area of law.

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