dcsimg Trademarks

Trademarks

McGuireWoods has significant depth in all areas covered by and related to the U.S. Lanham Act, including trademark prosecution, litigation and counseling in trademark or trade dress infringement and dilution issues, advertising and promotions counseling, clearance, and litigation, as well as unfair competition disputes arising under federal and state law. Our work in these areas is performed by an established, coordinated group of experienced trial and transactional lawyers who efficiently and effectively protect our clients’ most valuable assets. Our first and foremost responsibility is to protect and promote our clients’ intellectual property interests.

In terms of developing brand protection, our intellectual property practice maintains more than 7,300 pending or registered trademarks for hundreds of companies in the United States and abroad. We represent many companies with trademark portfolios of more than 100 marks each, including a client with a portfolio containing in excess of 1,000 registrations and applications worldwide. Our full-service team handles pre-clearance, monitoring and enforcement of trademarks. McGuireWoods’ U.S. and EU trademark lawyers are at their best when leveraging the firm’s extensive experience in managing the multinational portfolios of clients whose businesses are growing, or who need help creating or implementing a global trademarks strategy. Our transactional trademark lawyers are, first and foremost, corporate lawyers. We assist our trademark clients with any kind of corporate transaction involving trademarks, from brand acquisitions and trademark due diligence for financing transactions to cross-border licensing agreements.

We are equally adept at representing clients in disputes, and McGuireWoods takes pride in its top-notch intellectual property litigators. Still, we recognize that dispute resolution can take many forms and may be an evolutionary process. With the client, we assess options and together identify the most advantageous and expedient resolution. Options can take the form of a “cease and desist” letter, negotiation, proceedings before the Trademark Trial and Appeal Board, or domain name arbitrations. In some matters, full-blown litigation may be most appropriate or unavoidable.

McGuireWoods lawyers have handled Lanham Act-related issues around the country and managed trademark disputes around the world.

CONTACTS

Janet P. Peyton Partner T: +1 804 775 1166
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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

Manufacturer of the nation’s best-selling menthol cigarette

Represented a manufacturer of the nation’s best-selling menthol cigarette, in a trademark dispute involving two of the nation’s largest cigarette brands. While in discovery, the case settled after a judicial settlement conference.
Representative Matter

Pharmaceutical company

Defense counsel in a major false advertising case involving the promotion of new pharmaceutical drugs.  The case settled before trial.
Representative Matter

One of the largest producers of shaving, medical, and industrial blades

Defense counsel in a trademark, trade dress and design patent suit involving a challenge to private label disposable razors.
Representative Matter

Sporting goods retailer

Represented a sporting goods retailer in a trademark infringement suit in the Southern District of Illinois.  The case settled favorably while in discovery.
Representative Matter

Kansas-based cooling tower manufacturer

Represented a Kansas-based cooling tower manufacturer in a federal lawsuit in Florida involving trademark infringement and business defamation disputes with a competitor based in Calcutta, India.
Representative Matter

International financial institution

Representation of international financial institution seeking to halt competitor’s trademark infringement in nationally televised bankcard commercials.
Representative Matter

Autosports legend

Defended autosports legend in a trademark trial and appeal board proceeding filed by a worldwide leader and manufacturer of sports equipment opposing registrations of our client as word mark and signature mark, and reached a favorable settlement.
Representative Matter

A California-based manufacturer

Defense of a California-based manufacturer sued over its use of the trademark “Grout Shield” along with its “Miracle Sealants Company” logo on products sold through Home Depot and other distributors. The New York-based plaintiff asserted claims of trademark and trade dress infringement, false designation of origin and unfair competition under federal and New York law. After a full evidentiary hearing with live testimony, the court issued a 30-page memorandum and order denying every aspect of the relief plaintiff sought. The case then settled favorably.
Representative Matter

Manufacturer and seller of sustainable building materials and furnishings

Represented a California-based manufacturer and seller of sustainable building materials and furnishings in a dispute with a Nevada-based host and promoter of trade shows in litigation over use of the mark "Livingreen." A favorable settlement was reached at the beginning of trial of the case.
Representative Matter

Niche-market maker of canine treats

Represented a niche-market maker of canine treats in a federal lawsuit to enforce its trademark rights against a major manufacturer of pet products.
Representative Matter

National specialty retailer

Representation of national specialty retailer in a trademark dilution suit.
Representative Matter

National speciality retailer

Representation of a national specialty retailer in the management of a trademark infringement matter, including successful request for temporary restraining order and preliminary injunction.
Case Study

Brussels team successfully represents international online gambling operator in trademark infringement case

McGuireWoods recently represented an international online gambling operator in a trademark infringement case brought before the Court of First Instance of Paris by the group Pari Mutuel Urbain (PMU), which until recently had held a monopoly in France on gambling on horse racing.

Results 1-13 of 13
Micheal L Binns Micheal L. Binns
Associate
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5748
F: +1 404 443 5698
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Brie Buchanan Brie L.B. Buchanan
Associate
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5709
F: +1 404 443 5760
vCard
Rick Conner Rick Conner
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2137
F: +1 704 444 8790
vCard
Jason Cook Jason W. Cook
Partner
2000 McKinney Avenue
Suite 1400
Dallas, TX 75201

T: +1 214 932 6418
F: +1 214 273 7483
vCard
Ashley Z Crenshaw Ashley Z. Crenshaw
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1150
F: +1 804 440 7725
vCard
Andi Daly Andriana Shultz Daly
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 7512
F: +1 804 440 7727
vCard
Amanda L. DeFord
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 7877
F: +1 804 698 2248
vCard
Tracey DeMarco Tracy N. DeMarco
Associate
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 919 755 6682
F: +1 919 755 6596
vCard
William N Federspiel William N. Federspiel
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4382
F: +1 804 698 2011
vCard
Jodie N Herrmann Jodie N. Herrmann
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2329
F: +1 704 444 8785
vCard
Melanie Holloway Melanie C. Holloway
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1019
F: +1 804 698 2027
vCard
Brad Newberg Brad R. Newberg
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5061
F: +1 703 712 5187
vCard
Megan Rachford Meghan M. Rachford
Associate
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5740
F: +1 404 443 5681
vCard
Michael O Tackley Michael O. Tackley
Partner
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1629
F: +44 20 7632 1638
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Jeffrey S Yang Jeffrey S. Yang
Associate
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8218
F: +1 310 956 3118
vCard
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Speaking Engagement

Understanding the Intellectual Property License 2014

PLI Seminar

November 6, 2014
Chicago, IL
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