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TRADEMARKS & COPYRIGHTS

We help clients strategically drive their business forward by developing, protecting, and monetizing distinctive brands.

Our approach

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.
  • 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.
  • 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.

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.
  • 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.

Media Clips

  • Notorious B.I.G. estate gets copyright infringement lawsuit tossed
    Reuters | December 23, 2015
    Nixon Peabody is mentioned in this feature article for our representation of Warner Music Group, EMI Music Publishing, Big Poppa Music, Bad Boy Records and the estate of The Notorious BIG. Our team—led by partners Staci Riordan and Julian Petty—won a dismissal of copyright infringement claims involving BIG’s 1994 debut album. Associates Neal Gauger and Seth Berman were part of the legal team. Click here to read the full article.
  • Are Patent Trolls Taking Over the Fashion Industry?
    Fortune | October 7, 2015
    Partner and leader of the firm’s fashion team Staci Riordan provides commentary in this feature story discussing how the fashion industry—especially textile companies—are dealing with copyright infringement lawsuits.
  • Novelty Textile Wins Major Case Over Fabric Design Copyright
    California Apparel News | November 26, 2014
    Los Angeles IP Counseling & Transactions partner Staci Jennifer Riordan provides commentary in this article on fashion copyright infringement.
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  • Nixon Peabody Nabs Fox Rothschild's Fashion Law Head
    Law360 | October 7, 2014
    This feature story highlights the arrival of Los Angeles IP Counseling & Transactions partners Staci Jennifer Riordan and Julian Petty. The coverage notes that Staci Jennifer will lead our fashion law team after having spearheaded Fox’s group and Julian will focus his practice on providing strategic career and business guidance to clients in the music, TV, film, new media and book publishing industries.
  • Optics firm taking Chinese manufacturers to task
    Democrat & Chronicle | September 18, 2014
    Rochester IP Counseling & Transactions partner Kristen Walsh is quoted in this article on IP issues for U.S. companies operating, or considering starting operations, in China.
  • Antique Car Dealer Taking the Low Road by Infringing Songs, Suit Says
    Westlaw Journal | September 8, 2014
    This coverage highlights Freeplay Music Inc. v. Streetside Classics—a lawsuit over alleged use of copyrighted songs. Partner and leader of the IP Litigation practice Jason Kravitz and Long Island Commercial Litigation associate Seth Berman are noted as plaintiffs’ counsel.
  • After Supreme Court Ruling, Here are Aereo's Best Options
    Boston Business Journal | June 25, 2014
    Following the U.S. Supreme Court’s decision in American Broadcasting Companies Inc. et al. v. Aereo Inc., Boston IP Litigation partner Gina McCreadie looks ahead for Aereo and the industry.
  • Supreme Court Rules against Aereo
    New England Cable News (NECN) | June 25, 2014
    Boston IP Litigation partner Gina McCreadie discusses the U.S. Supreme Court’s decision in American Broadcasting Companies Inc. et al. v. Aereo Inc.
  • Win or Lose, Aereo Is About to Make History
    Mashable | May 21, 2014
    Boston IP Litigation partner Gina McCreadie discusses the U.S. Supreme Court hearing focused on arguments against start-up Aereo which gives consumers the opportunity to lease antennas to access free-to-air broadcast television.
  • Supreme Court Expresses Skepticism on Aereo
    Boston Globe | April 23, 2014
    Boston IP Litigation partner Gina McCreadie provides commentary on the U.S. Supreme Court's hearing of American Broadcasting Companies Inc. et al. v. Aereo Inc.
  • Business News
    WBZ-AM Radio 1030 | April 23, 2014
    Boston IP litigation partner Gina McCreadie provides commentary in the Aereo Supreme Court case.
  • Here are Three Things to Watch for in the Aereo Case
    Boston Business Journal | April 22, 2014
    Boston IP litigation partner Gina McCreadie discusses the U.S. Supreme Court case about start-up Aereo, which gives consumers the opportunity to lease antennas to access free-to-air broadcast television.
  • People on the Move
    Boston Business Journal | February 4, 2014
    This coverage notes that Boston Brands & Creations attorney Gina McCreadie has been elected to the firm's partnership.

Ideas

Food & Beverage Crystal Ball: Trends We're Following
January 6, 2017

Brexit-ing intellectual property rights?
Intellectual Property Alert | June 28, 2016

. . . View all . . .

Copyrightable code: HTML code incorporating CSS code by reference is subject to copyright protection
Intellectual Property Alert | February 16, 2016

Second Circuit rules "Google Books" project does not infringe authors' copyrights based on fair use defense
Intellectual Property Alert | October 19, 2015

Presentation Recording: Chicago Corporate Counsel IP Seminar
Originally recorded June 2, 2015 | July 14, 2015

SCOTUS holds that TTAB decisions can have preclusive effect on federal courts
Intellectual Property Alert | March 24, 2015

Supreme Court: application of "tacking" doctrine in trademark cases should be resolved by a jury
Intellectual Property Alert | January 22, 2015

Third Circuit extends Supreme Court's Octane decision to Lanham Act cases
Intellectual Property Alert | September 8, 2014

Ninth Circuit refuses to extend Aereo to Dish Network's technology
Intellectual Property Alert | July 15, 2014

Webinar Recording: Seven Things You Need To Know Now About The Continually Shifting IP Landscape
Originally recorded July 10, 2014 | July 11, 2014

Does Supreme Court decision signal the end for Aereo?
Intellectual Property Alert | June 26, 2014

Supreme Court revives suit over Raging Bull and finds doctrine of laches couldn't be used to bar claims within statutory timeframe
Intellectual Property Alert | May 21, 2014

Federal Circuit decision on copyright protection afforded to computer programs reminds programmers to think twice before using pre-existing code
Intellectual Property Alert | May 13, 2014

Initial take on U.S. Patent Office's public forum on new 101 subject matter eligibility guidelines
Life Sciences Alert | May 12, 2014

Supreme Court hears oral argument in the Aereo copyright dispute
Intellectual Property Alert | April 23, 2014

Even "antiquated" contract may include e-book publishing rights
Intellectual Property Alert | April 2, 2014

Mass expansion of Internet domain names is coming: brands need to be ready
Intellectual Property Alert | March 21, 2014

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Brands,Brand Development,Brand Management,Brand Protection,IP Litigation,Brand Enforcement,Gloabl Enforcement Programs,Trademark,Trademarks,Copyrights