Trademark, Advertising & Copyright Litigation

Trademark and trade dress litigation: McGuireWoods is a market leader in “bet the brand” litigation. With experience in key federal courts across the country, we combine deep subject matter knowledge with an aggressive trial-ready approach to protecting brand owners. Our acumen covers all phases of trademark and trade dress litigation with a focus on helping plaintiff-brand owners build and prosecute cases that accomplish business goals. Our team recently won multiple federal trademark jury trials, preliminary injunctions and major motions. We often are tapped to parachute in for difficult litigation and the team is ideally situated for significant trademark disputes, guiding clients in adopting a holistic approach to brand protection that allows today’s enforcement efforts to position clients for success in future disputes.

Augmenting McGuireWoods’ work as worldwide trademark counsel to companies with large, multinational trademark portfolios, the firm has a longstanding track record for defending clients’ trademark and dress rights at the USPTO. The team represents clients in oppositions, cancellations, concurrent use proceedings and appeals before the Trademark Trial and Appeal Board (TTAB). We understand TTAB rules and the nuances of litigating in this forum, which means we are equally equipped to negotiate early favorable settlements or to win through trial proceedings.

False advertising, product disparagement and corporate defamation: As advertising and media becomes increasingly decentralized and nontraditional marketing continues to expand, false representations about businesses and their products are a growing problem. We bring and defend false advertising, product disparagement and corporate defamation claims. The team’s experience in this area allows us to employ a flexible approach that aligns with client goals, from securing straightforward takedowns to achieving retractions and significant damages to defending against traditional competitor false advertising lawsuits.

Copyright litigation: McGuireWoods litigates copyright disputes on all types of material protected under the Copyright Act, from proprietary content to artistic designs to software. We understand the Copyright Act and key defenses to copyright claims with a trial-ready approach and practical know-how of client operations and goals. The team’s experience includes complex contributory infringement claims against internet service providers, platforms and payment processors. Representing clients across sectors, we draw on the knowledge and experience of McGuireWoods’ industry teams to devise tailored litigation strategies designed to meet each client’s business goals and needs.