Trademark Litigation
A highly visible tool to engage customers and suppliers, trademarks are among the most valuable intellectual property assets a company owns. Ever-increasing globalization and online commerce demand the protection of assets, such as brands, product names, logos, and slogans. Vinson & Elkins’ Trademark Litigation lawyers help clients create, protect, and maximize trademark value through a variety of creative protection and enforcement strategies.
We represent clients with trademark portfolios in the U.S. and throughout the world in diverse industries, such as oil and gas, health care, insurance, telecommunications, computer hardware and software, food, manufacturing, and publishing. Our protection strategies include trademark portfolio management and, where appropriate, innovative licensing programs. Our enforcement strategies include robust state and federal court infringement, dilution, and unfair competition actions, where our team leads all phases of ligation to protect and enforce our clients’ trademarks. Besides litigation, we also initiate and manage cancellation and opposition proceedings before the U.S. Trademark Trial and Appeal Board and domain name arbitration proceedings before the Internet Corporation for Assigned Names and Numbers (ICANN) to enforce our clients’ trademark and service mark rights.
Experience Highlights
(S.D. Tex.); (Trademark Trial and Appeal Board) — Successfully handled a trademark case to enforce our client’s rights in a mark for use in connection with offshore oil equipment and services; after suit was filed, the other side quickly agreed to our client’s demands regarding ownership and use of the mark; we obtained injunction as part of the settlement, and successfully petitioned the Trademark Office to reinstate our client’s trademark registration
(S.D. Tex.) – Represented global advisory firm as plaintiff in a trademark infringement, dilution, unfair competition and cybersquatting case, successfully negotiating favorable settlement that curtailed substantial consumer confusion
(S.D.N.Y.); (Fed. Cir.) — Obtained a complete affirmance of the dismissal of all claims against a leading consumer electronics and digital media provider before the Federal Circuit; claims included fraud, breach of contract, patent infringement, and trademark infringement
Represented a financial holding company in asserting and protecting rights associated with trademarks against competitors, successfully negotiating favorable agreements that curtailed infringement
(E.D. Tex.) — Represented a large wireless communication services company in its prosecution of trademark infringement claims
(N.D. Tex.) — Represented a nutritional supplement manufacturer accused of trademark infringement and unfair competition in federal court
Represented food and beverage industry plaintiff in Lanham Act trademark infringement and unfair competition actions relating to the sale of parallel imports in the United States
(W.D. Tex.; C.D. Cal.) — Represented world’s largest food and beverage company in multi-suit trademark litigation against distributors of unauthorized grey market goods
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