Infringement Claims

Overview

Hull Barrett’s intellectual property law practice covers the representation of corporate and individual clients in the registration, implementation, and protection of their intellectual property (IP) rights—which are legally recognized exclusive rights to creations of the mind. Under intellectual property laws, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyright, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions trade secrets.

Importance of IP Infringement Litigation

Intellectual property, by its definition, garners a high level of exposure to abuse by others in the everyday marketplace. The Lanham Act, 15 U.S.C. § 1051 et seq., protects a business from abuse and dilution, among other protections. Trademark infringement occurs when the infringer uses a trademark which is identical or confusingly similar to a trademark owned by another. Trademark infringement claims prevent imitators from duping a consumer into believing that the product he or she consumes or the service he or she uses is associated with a certain mark. Dilution claims prevent businesses from losing customers due to the usage of confusingly similar marks by imitators when selling goods and services. Trademark infringement disputes are generally resolved through negotiation or litigation. Copyright infringement occurs when works protected by copyright law are used without permission in violation of the certain exclusive rights granted to the copyright holder. Copyright infringement disputes are generally resolved through negotiation, a notice and take down process, or litigation.

The Firm’s attorneys are well-equipped to provide litigation services in an effective and efficient manner. Our attorneys have extensive experience in infringement litigation and have obtained many favorable rulings protecting trademarks and copyrights from use, abuse, dilution, and other protections under the Lanham Act.