At Brutzkus Gubner, protecting our clients’ intellectual property is essential. We identify, protect and enforce our clients’ intellectual property to enhance and maintain the value of their businesses. Our intellectual property attorneys have comprehensive experience in clearance and registration of trademarks, service marks and copyrights in the United States and in obtaining global protection for our clients’ rights through our extensive network of outstanding foreign counsel. We also help our clients develop strong domain name portfolios and take action as needed to resolve domain name disputes or otherwise protect our client’s valuable rights on the Internet. In addition, we regularly negotiate license, distribution and manufacturing agreements worldwide.
Our attorneys anticipate intellectual property issues and advise our clients on effective and cost-efficient courses of action.
When claims for infringement and other violations of intellectual property arise, we aggressively enforce and zealously defend our clients’ rights. Our attorneys are experienced in litigating claims for copyright and trademark infringement, dilution, unfair competition, false advertising and related causes of action under federal and state law. In each case, we counsel our clients to reach appropriate and practical legal and business resolutions. Our approach creates valuable intellectual property portfolios and ensures that the scope of our clients’ rights is consistent with their business objectives.
We practice before the United States Patent and Trademark Office, the United States Copyright Office, related administrative forums and federal and state courts. Our network of entrusted associated counsel represents our clients in foreign jurisdictions around the world, under our direction.
Our intellectual property attorneys are proud of the results they have achieved for clients over the years. Some of these successes include the following:
- Successful enforcement of client brands in a range of industries, including cosmetics, restaurants, apparel, footwear, scientific research, and automotive, among others.
- Ceased infringement of a print company’s popular design and received a significant payment, which helped to extend the design’s commercial life.
- Shut down an identical, unauthorized, version of a client’s website within 24 hours which was based overseas and offered a client’s high-end products for sale at a large discount.
- Obtained a $1.5 million dollar judgment against a willful trademark infringer of a client’s well-known brand.
- Enforcement of a well-known high-end brand of women’s jeans in federal court against a reputable retail store company.
- Successfully litigated claims for copyright and trademark infringement and obtained injunctive relief for a very well known artist against several willful infringers.
- Obtained a permanent injunction and consent judgment against an unauthorized user of a client’s well-known mark in connection with adult novelty products.
- Filed a motion to dismiss a copyright infringement action on behalf of a client that raised serious doubts about the copyrightability of the allegedly infringed work and immediately led to a favorable settlement for the client.
- Negotiated several license agreements, including use of the client’s trademark on a best-selling video game, on behalf of a specialty automotive manufacturer.
- Obtained rights for a well-known toy manufacturer’s logo on our client’s merchandise.
- Successfully defended one jean manufacturer over label placement, and prosecuted another manufacturer when a competitor misappropriated its design.
- Structured and negotiated a licensing agreement between a high-profile floral designer and a national floral service provider.
- Structured and negotiated a licensing agreement with a celebrity fashion designer on behalf of an eyewear maker.
- Successfully stopped our client’s competitor from using an infringing trademark, and recovered our client’s federal trademark registration.
- Obtained the first Uniform Domain Name Dispute Resolution Policy (UDRP) panel decision in favor of a brand owner against a certain known registrant of thousands of domain names, including 35 domains that were variants of a client’s mark.