Trademark Litigation

We have litigated IP lawsuits and proceedings in the federal district and appellate courts throughout the United States, as well as before the US Supreme Court and the US Trademark Trial and Appeal Board (TTAB). We have been active before the International Trade Commission (ITC), the American Arbitration Association (AAA), the Court of Arbitration of the International Chamber of Commerce (CAICC) and in various international tribunals. We also have an active practice in the Court of Appeals for the Federal Circuit. Our IP litigators often work closely with the firm’s US Supreme Court and Appellate practice, which has argued more than 200 cases in the US Supreme Court, and with lawyers in other practice areas to fully serve our clients’ needs in the litigation context.

Federal Trademark Litigation Experience 

Mayer Brown's IP lawyers have extensive experience representing clients in the prosecution and defense of trademark litigation infringement actions in the federal district and appellate courts throughout the United States. We have successfully defended our clients against trade dress and unfair competition claims. In addition, we have an active practice before the TTAB in trademark cancellation and opposition proceedings. Mayer Brown also has an extensive track record handling domain name disputes under the UDRP and the Anti-Cybersquatting Act for trademark and domain name owners.

Significant examples of our trademark enforcement capabilities illustrate why corporations put their trust and confidence in our litigators. We recently successfully defended against a motion for preliminary injunction brought against our client E1 Entertainment. We secured a significant victory for our client, sit-up, Ltd., a division of Virgin Media, in a case against IAC and Home Shopping Network for trade secret misappropriation and breach of contract.

Anti-Counterfeiting Litigation 

Given current economic challenges, companies are ever-more vigilant about protecting their IP assets from counterfeiting enterprises. Counterfeiting includes a range of illicit activities, impacting sales and licensing, brand value and firm reputation. To properly combat the issues, companies need to take a comprehensive, global approach that is strategically tailored to their specific enforcement needs.

We manage effective anti-counterfeiting programs for various Fortune 500 companies, including border seizures and related litigation, in addition to trademark disputes before the World Intellectual Property Organization (WIPO). We advise clients on counterfeiting and customs issues and work closely with them to develop global enforcement and anti-counterfeiting programs and strategies to aid in the worldwide protection of trademarks and service marks. Our practitioners are located across the globe, giving us the ability to provide assistance in the United States, Europe and Asia. 

Brand Protection Litigation

Our lawyers frequently provide strategic counsel on how to best protect, maintain and enhance IP assets on a global basis, including building brands and businesses. We are dedicated to protecting our clients’ most prized assets around the world – their brand names, identity and reputation. We understand the importance of each matter to our clients, and that resolving such issues is extremely important to maintaining a profitable business.

We have represented both domestic and international clients in cases before the TTAB in trademark cancellation and opposition proceedings and appeals, encompassing dozens of disputes annually. In the United States, we recently won an action on behalf of a large real estate investment trust in which we succeeded in forcing another company to change its name despite five years of common law use.

Trade Dress Litigation

Protecting our clients' product appearance and packaging features is a key component of our trademark litigation practice. Trade dress (a.k.a. industrial design outside the United States) protection extends to the protection of features not effectively or traditionally covered by patent or copyright. It is intended to protect consumers from packaging or appearance of products that are designed to imitate other products. Such protection is particularly important in the food and beverage industries. Our trade dress practice is international in geographic scope and diverse in terms of client mix. Our experience includes clients from a range of industries including food and beverage, consumer goods, pharmaceuticals, financial institutions, and media and entertainment.

In the United States we successfully represented Entenmann's in defense of a trade dress infringement claim relating to designs on a package of donuts sold in supermarkets. We also represented a public relations firm in defense of claims alleged by a health insurer’s association.

Domain Name Disputes

Protecting our clients' brand and trademarks online is increasingly important in today’s technology-driven world. We have worked extensively with domain name issues, including litigation under the federal Anti-Cybersquatting Act and Uniform Domain-Name Dispute-Resolution Policy (UDRP), as well as in the areas of keyword advertising, domain name disputes under the UDRP, domain kiting and domain tasting. Our UDRP experience includes acting as an advocate for both trademark and domain name owners.