We drive businesses forward by helping clients develop, manage, protect, and monetize their brands.
While we provide top-notch prosecution, enforcement, and litigation services, clients most value the way we strategically manage and grow their brands. Working shoulder to shoulder with our clients, we ensure that successful brand management and global enforcement programs are in place before marks are launched.
Our focus is on foreseeing issues and providing 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.
We are one of the most active trademark firms in the United States with many thousands of marks under management, and we are vigilant about monitoring and protecting our clients’ brands. We adapt our services to the needs, budget, and strategy of any business.
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.
- Former Kodak Trademark Counsel Stimson Joins Nixon Peabody
Rochester Business Journal | January 16, 2013
This article highlights the arrival of Rochester Brands & Creations counsel David Stimson, former chief trademark counsel of the Eastman Kodak Company.
- On the Move
Daily Record | January 15, 2013
This coverage notes that Rochester Brands & Creations attorney Kristen Mollnow Walsh has been elected to the firm’s partnership.
- Sobering Times in IP Law
Boston Business Journal | September 28, 2012
Boston partner and leader of the firm’s Brands & Creations practice Jason Kravitz provides third-party commentary in this article discussing Massachusetts’ food and beverage industry’s efforts to manage the complexities of intellectual property law.