- Business Litigation
- Shareholder and Securities Disputes
- Employment Claims
- Contract Actions
- Deceptive Trade Practices Litigation
- Noncompete and Trade Secret Claims
- Professional Liability Disputes
- Healthcare Fraud
- Electronic Discovery
- Media and First Amendment Law
- Trademark and Copyright Litigation
- Corporate and White Collar Investigations
- Scott W. Atherton
- Lauren S. Atherton
- Michael McAuliffe
- L. Martin Reeder, Jr.
- Terence M. Mullen
- Harris S. Nizel
- Brittany A. Dancel
- Timothy W. Schulz
- Jon A. Jacobson
and defend those who are wrongly accused of violating such rights.
Trademark and Copyright Litigation
We protect and enforce the rights of trademark and copyright owners, and defend those who are wrongly accused of violating such rights. When efforts to resolve these disputes on reasonable business terms fail or immediate action must be taken, we have to experience litigating temporary restraining orders, preliminary injunctions, summary judgments, and trials in complex trademark and copyright cases. We also have substantial experience prosecuting and defending Lanham Act unfair competition and false advertising cases in federal courts in Florida and across the country.
Representative Trademark and Copyright Experience
Won jury verdict for The Weekly World News defeating $6 million dollar trademark infringement claim brought by the creator of fictional right wing columnist “Ed Anger.” The court invalidated plaintiff’s federal trademark registration and upheld the newspaper’s copyright in the Ed Anger character.
Prosecuted Lanham Act unfair competition and false adverting claims in the Northern District of Texas for publicly traded home security monitoring company against one of its competitors for allegedly engaging in deceptive door-to-door sales practices affecting at least 150 consumers across the country.
Won summary judgment for filmmaker Byzantium Productions against international tennis star Maria Sharapova in trademark infringement case establishing Byzantium’s right to use images of Sharapova to market its tennis documentary.
Won injunction for Morgan Stanley in Internet domain name litigation against person who registered Morgan Stanley’s domain name and transferred its customers to a damaging web site.
Defended national wholesaler client against Lanham Act trademark infringement and unfair competition claims asserted by its largest competitor in the Western District of Oklahoma, and prosecuted counterclaims which sought to invalidate the competitor’s purported marks.
Won injunction for McDonald’s in trademark and trade dress infringement action against competitor that designed its restaurant to look like a McDonald’s.
Defended national consumer service provider against Lanham Act false advertising, unfair competition and deceptive trade practice claims asserted by its largest competitor. The competitor sought a permanent injunction and damages in excess of $21,000,000.00, alleging that certain sales personnel employed by companies which transact with our client had made misrepresentations to more than 100 consumers across the country.
Won judgment upholding the federal trademark registration of a national franchisor and distributor of flea control products.
Defended military equipment manufacturer in trademark infringement case filed in the Western District of Virginia, and prosecuted counterclaims alleging that the plaintiff fraudulently registered its purported mark.
Won injunction and damage award for Real Entertainment, Inc. against video pirates who infringed its exclusive license to market “Jerry Springer-Too Hot for TV.”
Defeated copyright infringement claim against filmmaker accused of infringing on musician’s copyrighted song.