Practice

Trademark, Copyright & Unfair Competition Litigation

Safeguarding your most valuable assets

In many cases, a company’s brand, business creations, and confidential information can be its most valuable and important assets. At Foley Hoag, our Trademark, Copyright & Unfair Competition attorneys understand the importance of these assets, which is why clients turn to us to take swift action when those assets are being challenged or must be asserted against others. 

Our lawyers have a depth of subject matter and trial experience to prosecute and defend against all types of trademark, copyright, trade secret, Internet, and domain name enforcement and litigation issues for our clients. We successfully represent clients on both sides of the issues, from smaller companies accused of infringement to large corporations policing and protecting their famous brands.

Whether your trademarks are registered or are safeguarded under common law, our lawyers provide creative strategies for policing, enforcing, and defending them. We have conducted investigations into improper use of trademarks, assisted clients when trouble occurs at the border by working with U.S. Customs to prevent the importation of counterfeit and gray market goods, and represented clients in federal district courts across the nation in cases involving the Lanham Act and the Anti-Cybersquatting Consumer Protection Act.

Our lawyers have significant experience litigating trademark registration issues in opposition and cancellation proceedings before the Trademark Trial and Appeal Board, where we employ creative and innovative strategies to secure our clients’ trademark registration rights. When the issue is domain names, our clients can rely on our unparalleled understanding of the various trademark rights protection procedures provided by ICANN, the Internet Corporation for Assigned Names and Numbers, including the Uniform Domain Name Dispute Resolution Policy (UDRP).

Foley Hoag handles the full scope of copyright matters for our clients, including enforcing copyrights against infringers on the Internet through the Digital Millennium Copyright Act (DMCA), and engaging in large-scale litigation to protect and defend our clients’ valuable copyrights.

Our attorneys also have extensive experience handling claims of misappropriation of trade secrets.  We literally wrote the book on “Trade Secrets: A Guidebook for Technical and Business Professionals."

Experience

ENFORCEMENT AND LITIGATION
  • Represented well-known publisher of fire safety standards and electrical codes in anti-counterfeiting litigation against over 190 third-party marketplace sellers based in the United States, Canada, and India doing business on Amazon, eBay, and other online marketplaces.
  • Represented a pop-up greeting card company in a copyright infringement action against a competitor, securing a complete trial victory with a jury verdict that found infringement of our client’s original greeting card designs and awarded the maximum available damages.
  • Represented leading coffee company and retailer in trademark infringement, dilution, and false advertising lawsuits. 
  • Obtained dismissals of copyright litigations brought against world-famous film and television studios on merits and jurisdictional grounds. 
  • Successfully represented American luxury hotel brand in an appeal before the Trademark Trial and Appeal Board, to reverse the U.S. Patent & Trademark Office’s refusal to register our client’s marks on likelihood of confusion grounds. Successfully argued on appeal that the cited mark was weak due to third-party uses. 
  • Before the World Intellectual Property Organization (WIPO) and The Forum, successfully obtained transfer of domain names for various clients from defendants known for engaging in a pattern of acquiring domain names that incorporate the famous trademarks of others and selling counterfeit products online. 
  • Represented famous Italian luxury brand in connection with trademark, trade dress, and copyright enforcement. 
  • Successfully obtained transfer of domain names in Uniform Domain Name Dispute Resolution Policy (UDRP) proceedings for companies across industries, including luxury hotel and hospitality, financial services, life sciences, food and beverage, retail, and consumer products. 
  • Represented one of the largest and most experienced cultivators, manufacturers, and providers of cannabis products and related services in connection with global trademark enforcement.
  • Represented world-famous American clothing, accessories, and lifestyle brand in connection with brand protection, enforcement, and contentious proceedings before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office. 
  • Represented well-known online financial services and marketing company in connection with trademark enforcement.
  • Successfully argued appeals of the U.S. Copyright Office’s refusal to register sculptural works. 
  • Represented a well-known nutritional supplement manufacturer in connection with enforcement and litigation related to sales of counterfeits online. 
  • Represented companies in connection with online marketplace enforcement, including copyright, counterfeit, right of publicity, and trademark takedowns, along with coordinating global notice and takedown programs.