Intellectual Property

The litigators at Litchfield Cavo LLP defend individuals and firms accused of infringing intellectual property rights. Our attorneys also defend cases in which intellectual property owners claim our clients have used their information or technology to suppress competition. Because of the significant penalties involved in IP matters, our clients recognize the need for experienced counsel with the resources and the knowledge to properly represent them.

This experience and expertise allows us to effectively analyze and defend claims stemming from allegations of infringement or appropriation. While we never hesitate to go to trial when it is in the best interests of our clients, our technical knowledge often allows us to dispose of cases before trial.

Covering IP cases from all angles

We represent clients in every aspect of intellectual property defense, including requests for declaratory judgments, investigations, injunctions, arbitrations, trials and appeals. Our lawyers often retain reputable expert witnesses to bolster clients' cases, including practitioners who specialize in patent law and who are admitted to practice before the U.S. Patent & Trademark Office in complex patent litigation defense. In addition, we also represent numerous clients under advertising injury coverage provided by modern general liability insurance policies.

Drawing on the combined experience of our attorneys nationwide, we defend claims in the following matters:

  • Copyright infringement. Our attorneys address issues of access and substantial similarity.
  • Trademark infringement. We apply the sight, sound and meaning test and consider relatedness and consumer sophistication for issues such as likelihood of confusion.
  • Patent infringement. Our firm works with patent specialists to defend the validity of patents and defends claims of direct, indirect, contributory and literal infringement.
  • Trade secrets. Litchfield Cavo's lawyers are knowledgeable about the many facets of demonstrating a trade secret's existence and adept at proving that a former employee or business partner misappropriated or threatened to misappropriate it.
  • Unfair competition. We are well-versed in the Lanham Act and have significant experience defending against claims for the passing off, false advertising and misappropriation of trademarks.

Our intellectual property record

Our cases include the following:

  • Defended insurer in a suit seeking defense and indemnity from an underlying suit that involved overstatement of minutes on phone cards. The insurer disclaimed under the advertising injury, disparagement of others, and poor quality exclusions.
  • Represented a homebuilder accused of reusing purchased architectural designs (copyright infringement).
  • Represented an office supplies manufacturer accused of copying product designs (copyright and patent infringement).
  • Represented a distributor of medical products who hired a competitor's salesperson (trade secrets).
  • Represented an equipment-renting company accused of placing a competitor's product cover on its own products (trademark infringement) and removing the cover from products purchased from the competitor during refurbishing of used products (unfair competition: reverse passing-off).
  • Represented a real estate developer whose company name was similar to the name of an automobile brand (trademark infringement).