Cambridge University Press
Maine Beer Company
Brand owners must police their trademark rights or risk losing them, but effective policing requires a realistic assessment of the landscape surrounding the trademark at issue. This includes taking a careful look at both the marketplace and inherent strength of the mark at issue, and the extent of third-party uses of similar marks. With that information in hand, we help determine the likelihood of success of our client’s proposed enforcement activities so that our client can make a well-reasoned decision.
For those clients that subscribe to watch services, our paralegals and attorneys monitor trademark watch notices on a weekly basis and inform our clients of potentially problematic third-party trademark filings in the U.S. and elsewhere. At all times, we exercise judgment and try to see the world from our client’s perspective, implementing consistent and effective strategies to strengthen and protect the client’s brands.
When there is an issue, we take a problem-solving approach to enforcement. Our demand letters are informed by our best understanding of the marketplace and leverage points relevant to the target, and we efficiently negotiate resolutions that keep the client’s space clear of infringers.
When necessary, we initiate proceedings before the Trademark Trial and Appeal Board. Pierce Atwood trademark attorneys have litigated U.S. opposition and cancellation proceedings from filing through to decision, and are skilled at taking discovery and building strong evidentiary records. We are well-versed in the unique aspects of the Board’s rules of practice, and help set our clients’ expectations early in such proceedings so that the desired result always remains in focus.
We are also adept at federal court litigation. Our trademark attorneys have successfully litigated proceedings in federal courts across the country, and, unlike many boutique IP law firms, we are back-stopped by an experienced litigation bench whose expertise and input can be leveraged as needed. With these resources gathered under one roof, we can do more for our clients, and more efficiently, than our competitors.
If a client’s infringement issue involves activities outside the U.S., we work closely with foreign litigation counsel to send appropriate demand letters and, if additional pressure is required, commence legal action before foreign courts and tribunals. Our attorneys have facilitated and managed trademark litigation and opposition matters in countries around the world including Argentina, Brazil, Canada, China, Denmark, Germany, Greece, Japan, Korea, Mexico, Russia, UK, and others.
In addition to trademark matters, Pierce Atwood’s attorneys have extensive experience litigating IP matters including copyright and patent infringement, Internet domain name and trade name disputes, unfair competition and false advertising claims, and disputes over proprietary information, data security breaches, and trade secrets. We litigate matters before state and federal courts at the trial and appellate levels, and foreign tribunals. Click here for more information about our IP Litigation capabilities.