Polsinelli’s Trademark, Copyright and Branding Litigation practice has decades of experience preserving clients’ rights in trade, advertising and publicity, including work on behalf of some of the world’s most well-known brands. Whether enforcing rights against infringers or defending against claims, Polsinelli helps clients protect their valuable intellectual property and achieve their business objectives. The group has received national recognition for this talent, most recently with a national Tier One ranking for Trademark Law in “Best Law Firms®" list by Best Lawyers® and as a Leader in Intellectual Property Litigation by BTI Litigation Outlook.

Responsible stewardship of a company’s reputation begins before the filing of a complaint. Polsinelli’s trademark and copyright litigation team assists clients with establishing anti-counterfeiting and policing programs and monitoring federal registrations, including significant experience with the Uniform Domain-Name Dispute-Resolution Policy (UDRP). Polsinelli helps companies secure pre-litigation resolutions when they are consistent with business objectives. In those instances where litigation is necessary, Polsinelli’s experienced litigators manage cases from preliminary injunction through trial and appeal.

The group’s attorneys have experience that includes not only state and federal litigation, but also proceedings before the Trademark Trial and Appeal Board (“TTAB”) and the International Trade Commission (“ITC”). Polsinelli’s trademark and copyright litigation team regularly initiates and defends opposition or cancellation proceedings before the TTAB. They have also obtained and enforced general exclusion orders under the jurisdiction of the ITC, established robust and complex anti-counterfeiting programs, regularly work on matters involving trade dress, and navigate the complexities of consumer surveys. By adapting legal theories to clients’ market realities, Polsinelli executes cost-effective strategies that enhance and preserve valuable brands.

Publications
Trademark Risks in the AI Age: Navigating Infringement, Dilution and Genericness
Key Takeaways Artificial intelligence (AI) tools are accelerating risks of trademark infringement, dilution and genericness by enabling the rapid creation of brand-like content—including logos, names and imagery—often without users realizing they’re mimicking protected marks. Even unintentional AI-generated branding can expose companies to liability under federal and common law, especially where there’s a likelihood of consumer confusion or dilution of a famous mark’s distinctiveness. Brand owners and startups should actively monitor AI use, enforce IP rights and conduct proper clearance before adopting AI-generated branding to avoid exposure and preserve trademark value. AI tools are having a direct impact on brand owners and those looking to create their brands. Like any powerful tool, its advancements are often offset by certain trade-offs. While AI unlocks new opportunities
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Supreme Court Upholds Refusal to Register Trademark Containing the Name of Living Individual – Donald Trump
In a recent unanimous decision in the case Vidal v. Elster (602 U.S. ___ (2024)), the U.S. Supreme Court upheld the refusal to register a federal trademark for the phrase “Trump Too Small” based on the fact that the Lanham Act prohibits the registration of the name of a living individual without their consent. The plaintiff in this case, Mr. Elster, filed a federal trademark application in 2018 for the mark “TRUMP TOO SMALL” for use on clothing as shown below, without the prior consent of former President Trump, arguing that the phrase was intended to be a criticism of Donald Trump and his policies and that the refusal was a violation of Mr. Elster’s First Amendment right of free
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