Intellectual Property
Kabat Chapman & Ozmer’s IP team aggressively protects their clients’ valuable intellectual property at all stages, from selecting and registering clients’ trademarks and advising on the best ways to protect their trade secrets, to managing pre-litigation demand letter campaigns against companies infringing on clients’ marks, to litigating before the United States Patent and Trademark Office (“USPTO”), to handling trademark, trade secret, and unfair competition litigation against our client’s competitors.
Our lawyers have managed both domestic and international trademark portfolios on behalf of numerous companies, as well as trademark, trade secret and unfair competition litigation in federal and state courts in multiple jurisdictions, including Georgia, California, and Delaware. In each of these cases, our lawyers obtained monetary damages and stopped the opposing party from using our client’s intellectual property. We have also obtained favorable results in all such litigation where we have been asked to defend our clients against such claims.
Trademark Prosecution and Management
- Regularly advise corporate clients on strategies to ensure optimal protection of intellectual property, including selection of trademarks and protection of trade secrets.
- Managed all aspects of trademark portfolios for multiple corporate clients, including prosecuting trademark applications before the USPTO, managing policing programs, and supervising international counsel to ensure registration and maintenance of client marks abroad.
- Handled ex parte proceedings before the USPTO on behalf of clients seeking to obtain or maintain federal trademark registrations.
- Regularly counsel business clients on strategies for removing defamatory, infringing, or otherwise undesirable content from the internet, including search engine search results.
Trademark and Unfair Competition Litigation
- Defended leading internet service provider against Lanham Act, state unfair competition, and tortious interference claims asserted by $20+ billion multibank holding company. In case of first impression within U.S. Court of Appeals for the Seventh Circuit, obtained summary judgment dismissing all claims through argument that defendant was immune from liability pursuant to the Communications Decency Act, 47 U.S.C. § 230.
- Prosecuted numerous trademark infringement, false advertising, and unfair trade practices cases in multiple jurisdictions. In each matter, prevailed on all motions filed and forced favorable settlements that required opposing company to pay money damages and agree never to use client’s brand names.
- Successfully managed and carried out multiple pre-litigation cease and desist letter campaigns directed at parties infringing clients’ marks. On vast majority of occasions, obtained removal of all infringing content without necessity of litigation. On all other occasions, obtained removal of all infringing content after filing suit.
Trade Secret Litigation
- Represented Fortune 100 company in connection with its claims of theft of trade secrets and RICO violations. Won multi-million-dollar judgment.
- Represented well-known telecommunications provider in multiple actions involving misappropriation of trade secrets and employee raiding in courts in Illinois, Virginia and Texas. Obtained relief, including return of misappropriated information, consent injunctions, and attorneys’ fees.
- Represented large internet service provider in action for theft of trade secrets by former executive. Obtained injunction in foreign court within four days of discovery of misappropriation.
- Obtained nationwide preliminary injunctive relief in action between industry-leading competitors, enjoining opposing party’s theft of clients’ trade secrets.
- Obtained temporary restraining order against competitor of oil and wastewater recycling company in Georgia to prevent misappropriation of trade secrets and confidential information.
- Obtained preliminary and permanent injunction against former employee of national telecommunications company to prevent misappropriation of trade secrets and confidential information.
- Successfully defended information technology hardware wholesaler against allegations of misappropriation of trade secrets by competitors and software manufacturers.