Brands & Creations
BRANDS & CREATIONS
We help clients strategically drive their business forward by developing, protecting, and monetizing distinctive brands.
Companies are increasingly focused on protecting their marks and copyrights. With the rise of social media, companies are more motivated than ever to safeguard their marks and defend their brands.
We are one of the most active trademark firms in the United States with many thousands of marks under management, and we’re vigilant about monitoring and protecting our clients’ brands. And because we know that one size doesn’t fit all, we adapt our services to the needs, budget, and strategy of any business.
While we provide top-notch prosecution, enforcement, and litigation services, clients most value our strategic approach to managing, growing, and protecting their brands. Working shoulder to shoulder with our clients, we ensure that successful brand management and global enforcement programs are in place before any marks are launched. And we also help clients secure protection for copyright-eligible work and devise innovative methods for protecting and enforcing their copyrighted works in a digital world.
Our team foresees issues and provides forward-thinking advice designed to prevent disputes. Of course, if the need for litigation arises, we get into the trenches with our clients and vigorously represent their interests regardless of the forum or jurisdiction.
Who we work with
- Early stage businesses that need help launching a brand
- Established companies that need help managing and protecting their brands
- Innovators and artists seeking to protect their creative works
- Companies at all stages of development looking to develop cost-effective brand strategies
Representative Trademark Protection and Enforcement Matters
- Developed and executed a global trademark protection and enforcement strategy, in addition to “scrubbing” the Internet of websites and individuals selling knock-off goods, on behalf of a high-end jewelry company.
- Developed a worldwide brand management and protection strategy on behalf of one of the most famous golf courses in the world and successfully concluded over 20 enforcement matters against unauthorized users of its marks – including actions in the United States, European Union, Australia, Japan, South Korea, and before the World Intellectual Property Office.
- Represent a legendary U.S. golf resort in a variety of trademark matters and developed and executed a strategy to protect the design configuration of one of the resort’s famous golf holes.
- Manage the registration and protection of global marks for a large national restaurant franchise.
- Manage an ongoing enforcement campaign to protect the trademarks of a well-known communications and marketing company.
- Handle UDRP proceedings on behalf of a large real estate investment and advisory firm at the World Intellectual Property Organization related to the transfer of domain names incorporating our client’s trademark.
Representative Trademark Litigation Matters
- Rebellion Developments Limited et al v. Stardock Entertainment, Inc., et al. (E.D. Mich.) Represented Ironclad Games Corporation and Stardock Entertainment, Inc. in a trademark infringement matter related to the REBELLION mark. Successfully employed a rarely used First Amendment defense to secure an important victory for our clients.
- Shamballa Jewels ApS v. MallRat Junkie and Marc Mortman (S.D. Fla.) Resolved a trademark infringement action on behalf of Shamballa resulting in a stipulated permanent injunction.
- Fashion Institute of Technology v. FIT Market Corp. (S.D.N.Y.) Obtained favorable settlement in trademark infringement matter on behalf of our client, Fashion Institute of Technology.
- Ford Motor Company v. O’Brien Parts, Inc., d/b/a Shamrock Parts, and Richard P. O’Brien, Jr. (D. Mass.) Obtained an ex parte seizure order of counterfeit goods resulting in an entry of a stipulated permanent injunction on behalf of plaintiff.
- EazyPower Corporation v. The M.K. Morse Company (N.D. Ill.) Acted as lead trial counsel for M.K. Morse Company in a trademark infringement action. Case settled.
- Brown v. It’s Entertainment, Inc. (E.D.N.Y.) Represented Marc Brown, creator of the “Arthur” literary and television character, in a trademark infringement action. Obtained injunction against infringer.
- Carefirst of Maryland, Inc. v. First Care, P.C. (E.D. Va.) Obtained summary judgment of non-infringement on behalf of First Care. Successfully represented First Care on appeal affirming district court’s summary judgment decision.
- Ciphertrust, Inc. v. Trusecure (Cybertrust) (E.D. Va.) Represented Cybertrust, one of the world’s largest IT security companies, in trademark action brought by CipherTrust. Obtained judgment of non-infringement following trial.
- CSC Brands, LP and Campbell Soup Company v. National Harvest Food Group LLC (D. Del.) Represented defendants after plaintiffs filed a declaratory judgment action seeking a ruling of non-infringement with respect to their line of FULLY LOADED Campbell Soup products. In response, we filed a counterclaim for trademark infringement and unfair competition. Case settled favorably for our client.
Representative Copyright Protection and Enforcement Matters
- Handled copyright protection matters on behalf of leading manufacturer of cribs and children’s furniture.
- Counseled a high-end jewelry company regarding copyrightability of jewelry designs and secured copyrights for same.
- Assisted a well-known restaurant franchise in protecting its copyrights.
- Currently devising and executing a copyright protection strategy on behalf of a golf-simulation company.
Representative Copyright Litigation Matters
- Biscotti, Inc. v. Target Corporation (N.D. Cal.) Represented Biscotti in a copyright infringement suit involving the design on fabric used to make children's swim wear. Case settled.
- Channel Fish Processing Co., Inc. v. JOM, LLC (D. Mass.) Represented seafood distributor in matter involving copyright infringement, trade dress infringement, and unfair competition related to frozen fish and seafood packaging. Moved for preliminary injunction and the case settled.
- Vocal Technologies, Ltd. v. Compandent, Inc. (W.D.N.Y.) Representing software company, Compandent, Inc., in copyright infringement matter related to software files.
- Wolk v. Kodak Imaging Network, Inc., et al. (S.D.N.Y.) Achieved a summary judgment victory for our clients, Kodak Imaging Network, Inc. and Eastman Kodak Co. in copyright infringement matter. Currently representing the defendants on appeal.
- Pinnacle Pizza Co. v. Little Caesar Enterprises (D.S.D.) Obtained summary judgment in favor of pizza franchisor Little Caesar Enterprises, Inc. in a copyright and trademark infringement dispute. Successfully represented Little Caesar Enterprises on appeal affirming the district court's decision.
- Porthault Corp. v. Schweitzer Linens, Inc. (S.D.N.Y.) Represented Schweitzer Linens in copyright and trade dress dispute related to linen patterns. Case settled.
- Nearstar, Inc. v. Waggoner, et al. (E.D. Tex.) Represented defendant ASE Technologies in a copyright infringement matter involving allegations of trade secret misappropriation, breach of contract, tortious interference, and civil conspiracy related to a document management system. Case settled.
- Yang v. Layfield (D. Md.) Represented defendant in web site ownership dispute. Case settled.
- Restaurant Owner Loses $1M Copyright Claim Over TV Show
National Law Journal | October 23, 2013
This coverage notes a California federal judge’s decision to dismiss copyright infringement claims against TV One LLC. TV One’s legal team was led by Los Angeles partners Thad Stauber and Sarah André, Washington, DC, partner Kendal Tyre, Los Angeles associate Michael Azat, and Washington, DC, associate Kenneth Nichols.
- Martha Stewart Fires Pre-Emptive Shot against Alleged Troll
National Law Journal | September 27, 2013
Boston partner and leader of the firm’s Brands & Creations practice Jason Kravitz provides third-party commentary about a patent infringement case involving iPad apps created by Martha Stewart Living Omnimedia, Inc.
- Trade Secrets Spats Center on Cloud
The Recorder | September 20, 2013
San Francisco Brands & Creations partner Rob Weikert comments on how trade secrets matters are being impacted by growing use of online data storage.