Practices

Intellectual Property

INTELLECTUAL PROPERTY

Due to significant penalties involved in infringing intellectual property (IP) matters, our clients recognize the need for experienced counsel with the resources and  knowledge to properly represent them. Litchfield Cavo attorneys defend individuals and entities accused of infringing upon IP rights and also defend cases in which IP owners claim our clients have misused information or technology to suppress competition.

Our attorneys use their experience to effectively analyze and defend claims stemming from allegations of infringement or appropriation. While our attorneys never hesitate to go to trial when proven in the best interests of our clients, our technical knowledge often enables us to dispose of cases before trial.

Covering IP Cases from All Angles

Litchfield Cavo attorneys represent clients in every aspect of IP defense, including requests for declaratory judgments, investigations, injunctions, arbitrations, trials and appeals. This includes representing clients under advertising injury coverage provided by modern general liability insurance policies.

Our intellectual property attorneys often retain reputable expert witnesses to bolster clients’ cases, including practitioners who specialize in patent law and admitted to practice before the US Patent & Trademark Office (PTO) in complex patent litigation defense.

The following is a sample of our IP attorneys’ collective representative defense experience nationwide:

  • Copyright infringement | Our attorneys address issues of access and substantial similarity.
  • Trademark infringement | Our attorneys apply the sight, sound and meaning test and consider relatedness and consumer sophistication for issues such as likelihood of confusion.
  • Patent infringement | Our attorneys work with patent specialists to defend the validity of patents and defends claims of direct, indirect, contributory and literal infringement.
  • Trade secrets | Our attorneys are knowledgeable about the various 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 | Our attorneys 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

  • 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).