Trademark and Copyright

Trademarks are used with products and services to create brand reputation and recognition with consumers. The Trademark Litigation practice at Polsinelli recognizes value and importance of these assets and has experience protecting the rights of our clients throughout the world. The group has received national recognition for this talent, most recently with a national Tier One ranking for Trademark Law in U.S. News and World Report's 2021 "Best Law Firms".

Our trademark services include selection, clearance, prosecution, enforcement and maintenance to portfolio management, trademark audits, licensing, watch services, dispute resolution, and litigation. We understand that protecting valuable trademarks starts long before litigation becomes necessary. Our extensive experience in business counseling and transactions includes advertising law and internet business and regulation. By gaining a thorough understanding of and focusing on your overall trademark and branding strategy, we provide advice on deal structures, branding strategies and enforcement experience to help identify and avoid pitfalls, while maximizing brand value.

Our attorneys have prepared and filed thousands of state and federal trademark applications. We coordinate the registration of marks in countries around the world. We also help establish branding and policing programs, usage guidelines and provide guidance on infringement issues, and have significant experience advising on the Uniform Domain-Name Dispute-Resolution Policy (UDRP).

We assist our clients in enforcing or defending their valuable trademarks or domain names. We enforce and respond to issues and conduct of negotiations on issues of infringement or other violations. We have also initiated or defended a wide range of administrative and court proceedings to enforce our clients' trademarks, trade dress and domain names. We handle the opposition and cancellation of third-party trademark applications and registrations before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office. In addition, we have also defended clients against claims that their trademarks, trade names and domain names may be confusingly similar to third-party trademarks or trademark registrations. 

Our attorneys appreciate the complexity of your trademark issues, so we take a direct and practical approach to providing legal advice, ensuring you make the right decision for your business.

• Coordinated multiple international investigations into counterfeit operations leading to large-scale seizures of counterfeit products in the U.S., Asia and Europe for cosmetic client, the IP holder of many brands.
• Brought several enforcement actions in the U.S. for our client, the largest privately held manufacturer of professional nail products in the world, including (a) receiving a court order against a cargo and freight company for transporting counterfeit products into the U.S. and (b) receiving a default judgment of more than $1 million against various distributors and salons carrying and selling counterfeit products.
• Represented numerous clients in successful ex parte appeals before the Trademark Trial and Appeal Board. 
• Secured decision ordering the transfer of ten domain names from a serial typosquatter pursuant to a UDRP action before the World Intellectual Property Organization. 
• American Racing Equipment v. Estate of Greg Weld, et al. Represented specialty racing wheel manufacturer in trademark infringement litigation brought by competitor. 
• Extell Diamond Tower v. Forty-Seventh Fifth Company. Represented a major real estate management company in a trademark opposition and cancellation proceeding in the U.S. Patent and Trademark Office before the Trademark Trial and Appeal Board. 
• FURminator v. Ontel Prods. Corp., et al. Represented pet grooming tool manufacturer Munchkin, Incorporated, in patent and trademark infringement litigation in the United States District Court for the Eastern District of Missouri. We successfully defended against a motion for preliminary injunction. The decision is published as, FURminator, Inc. v. Ontel Prods. Corp., 429 F. Supp. 2d 1153 (E.D. Mo. 2006), and was affirmed on appeal by the United States Court of Appeals for the Federal Circuit. Following remand, the case was favorably resolved. 
• Insure America (Cayman) Limited v. Insureamerica, L.L.C. Represented plaintiff in trademark infringement suit in the United States District Court for the Eastern District of Missouri. The firm obtained a consent judgment in our client’s favor.
• Intel Corporation v. Intell Management and Investment Company. Represented defendant in trademark infringement suit in the United States District Court for the Northern District of California. The matter settled on a confidential basis after mediation.
• Kiddopotomus v. Holmes. Represented Kiddopotomus, a juvenile products manufacturer, in inter partes trademark cancellation proceeding in the U.S. Patent and Trademark Office before the Trademark Trial and Appeal Board. We obtained summary judgment in favor of Kiddopotomus.
• SourceOne Global Partners v. KGK Synergize, Inc. Represented nutritional supplement company, SourceOne Global Partners, in declaratory judgment action involving allegations of patent and trademark infringement in the United States District Court for the Northern District of Illinois. The case settled on favorable terms.
• Superior Products Int’l II, Inc. v. Global Environmental Microbial Solutions, Inc. From 2008, represented Global Environmental Microbial Solutions in trademark infringement suit pending in the United States District Court for the District of Kansas. The case settled on a favorable basis.