Hunton’s trademark team works closely with clients to represent their interests at every stage of a trademark dispute—prelitigation analysis, cease and desist, preliminary injunctions and temporary restraining orders, conducting coordinated raids with law enforcement, discovery, motion practice, mediation, trial, and appeal. We enforce and protect some of the best-recognized brands in the world, and rely on strong trademark policing efforts to afford clients ongoing protection, often enabling clients to halt third-party encroachment before it leads to expensive and time-consuming litigation. When disputes rise to the level of litigation, we represent clients before federal courts and the Trademark Trial and Appeal Board (TTAB). Our efforts have been recognized by industry publications and rankings organizations, including the Benchmark Guide to America’s Leading Litigators, Chambers USA, Legal 500, World Trademark Review, and Managing Intellectual Property.

Policing and Monitoring

Companies and brands can lose profits, goodwill, and even trademark rights, without effective policing efforts in place. We proactively monitor our clients’ rights, using watch services and investigators where appropriate, and act swiftly and aggressively to assert ownership. Our goal is to quickly resolve disputes and reach positive business solutions using demand letters, response letters, and negotiation.

TTAB Opposition and Cancellation Proceedings

TTAB proceedings are more similar to civil litigation than ever before. Our team has decades of experience and handles both ex parte appeals of trademark examination and inter partes challenges to trademark applications at the TTAB. We have represented clients in thousands of TTAB opposition and cancellation proceedings, obtaining favorable decisions and settlements while managing the process efficiently and cost-effectively. We also look for early exits—including settlement, coexistence and concurrent use agreements, and express abandonments of and amendments to identifications of goods or services in applications and registrations—whenever feasible.

Litigation

We represent trademark plaintiffs and defendants in courts throughout the US, in cases involving federal and state claims of trademark infringement and dilution, trade dress infringement, false advertising, unfair competition, and cybersquatting. We have experience handling all phases of trademark litigation, obtaining and defending against injunctions and temporary restraining orders, winning summary judgment, arguing bench and jury trials, and appealing decisions to courts of appeals and the Supreme Court. We work with clients to determine the strategy that aligns most closely with legal goals. Through the careful use of surveys, marketing and damages experts, litigation technology, and staying ahead of the game in discovery and motions practice, we strive to position our clients for success regardless of venue.

Domain Name Enforcement

We help stop the illegitimate use of infringing domains and websites through takedown procedures, ICANN’s Uniform Dispute Resolution Policy (UDRP) proceedings, and federal court actions under the Anti-Cybersquatting Consumer Protection Act (ACPA). We have handled hundreds of domain and Internet related enforcements, including the takedown of over 5,000 domains and infringing material for a Fortune^® 100 software company and over 2,000 domains and infringing material for a Fortune^® 100 bank. Our work includes hard to enforce jurisdictions such as China and India, and we have filed UDRP equivalent complaints for country codes that do not subscribe to WIPO’s UDRP (e.g., .IN).