Litigation & Disputes

Schiffrin & Longo works with trademark attorneys and law firms nationwide to enforce and defend their clients’ intellectual property rights in various jurisdictions. Trademark disputes may be resolved in federal and state courts or in administrative proceedings before the Trademark Trial and Appeal Board (“TTAB”), including cancellation and opposition proceedings.

In a Trademark Trial and Appeal Board proceeding, the TTAB decides whether a mark is registrable based on to priority of use, likelihood of confusion, and genericness, among other issues. The firm has helped its clients deal with these issues, all while working within budget.

In addition to District Court litigation and TTAB proceedings, domain name and trademark owners may also determine ownership of domain names in UDRP (Uniform Domain Name Dispute Resolution Policy) proceedings. In these proceedings, trademark and domain name owners must determine whether a domain name has been registered in bad faith, and whether either party has a right to use a particular web site address. These same factors can be addressed in court proceedings under the American Cybersquatting Protection Act, but UDRP proceedings can often offer a quicker, more cost-effective solution for the parties.

Although litigation and administrative options are available, it is often better to try to settle disputes so that the parties can save time and money. We make every effort to resolve trademark and intellectual property problems as soon as possible. If negotiations fail, then litigation and administrative proceedings may be advisable. Of course, settlement talks can still occur during litigation, and sometimes mediation is available to help the parties work out a resolution.