INTELLECTUAL PROPERTY LITIGATION
Scarinci Hollenbeck advises and represents companies of all sizes, worldwide, who are seeking to maximize, protect, and maintain their intellectual property portfolio.
We recognize that our clients’ trademarks, patents, copyrights, proprietary technology, and trade secrets are among their most valuable assets, and that securing protection of these rights will lead to long lasting benefits.
|(Trademark Trial and Appeal Board, USPTO) Represented numerous guitar manufacturers in one of the largest United States trademark oppositions to applicant’s registration for product configuration trademarks in three guitar body shapes. Successfully opposed Applicant’s registrations by proving that the body shapes were not distinctive and had become generic. No appeal was made to this precedential TTAB decision.|
|(United States District Court, Southern District of New York) Represented client in consolidated cases over federal trademark infringement. Successfully had opponent’s declaratory judgment case transferred from California to New York on grounds that opponent made an improper anticipatory filing before our client filed a federal trademark infringement lawsuit. During discovery, negotiated a substantial favorable settlement for client.|
|(United States District Court, Western District of North Carolina) Represented Defendants in trademark ownership dispute for marks federally owned by Defendants and passed down to Plaintiff by testamentary instrument. Obtained dismissal for lack of personal jurisdiction, improper venue and insufficient service of process. Decision was not appealed.|
|(United States District Court, Central District of California) Successfully defended toy manufacturer in product configuration trademark infringement lawsuit by prominent doll manufacturer.|
|(Trademark Trail and Appeal Board, USPTO) Successfully fought in the Trademark Trials and Appeals Board to recover and secure federal trademark registration for the name for one of the founding rock bands from the 1950’s.|
|(United States District Court, Northern District of New York) Successfully defended foreign custom guitar parts builder in trademark litigation against large guitar manufacturer.|