Enforcement and Litigation
Intellectual property rights are not self-policing. While a trademark or copyright registration and the granting of patent or trade secret provides the owner with certain rights, it is incumbent on the owner to watch out for those rights. Allowing others to use intellectual property without authorization can erode—even entirely—rights to that intellectual property. We regularly represent clients asserting their rights, as well as represent clients defending their rights when challenged. Because of the complex nature of IP disputes, different viewpoints and experiences are often required.
As a full-service law firm, Henderson Franklin can provide clients with a wide range of talent, encompassing attorneys from the IP Practice and Litigation Practice Group, as well as the Business, Tax, and Employment Law Groups. No matter the nature of the core dispute, we tailor our litigation approach to each matter and look for a cost-effective, practical solution that is in our clients’ best interests and goals. By taking this multi-disciplinary approach, Henderson Franklin offers clients a depth of knowledge and skill to enforce or defend their intellectual property rights.
Trademark Enforcement and Litigation
Trademarks must be defended against infringement. We help clients devise strategies to monitor the market, identify potential infringers, and take action when warranted. We also work with clients to police against counterfeiters and gray market goods. From initial cease and desist demands through litigation, Henderson Franklin’s attorneys routinely help clients protect their trademark rights. Whether appearing in federal and state courts, the Trademark Trial and Appeal Board, and in Uniform Domain-Name Dispute-Resolution Policy (UDRP) proceedings, our litigation team has experience litigating such matters as:
- Orchestrating ex-parte seizures of counterfeit goods
- Trademark infringement and unfair competition claims
- Trademark Opposition and Cancellation proceedings in the United States Patent and Trademark Office
- Domain name disputes
- Breach of license agreements
- Trademark dilution claims
Copyright Enforcement and Litigation
We represent clients to both enforce their copyright claims against unauthorized third-parties, as well as defend against claims of infringement. Our IP attorneys have litigated cases involving claims of infringement of architectural plans, images, website content, text, video, and software to name a few.
Trade Secret Enforcement and Litigation
The economic and market value of trade secrets and the intense competition businesses face, coupled with employee mobility have created an environment where businesses must monitor competitors and former employees and be ready to take action if it appears trade secrets have been misappropriated. This has led to consistent increases in the number of trade secret lawsuits filed year after year. More businesses are claiming theft of trade secrets and more businesses are the targets of those claims.
Henderson Franklin’s IP Litigation team understands the importance of trade secrets to the bottom line and survival of a business and the urgency created when there is a misappropriation. We also understand there are limits to what constitutes trade secrets or misuse. As a result, our IP Litigation Team has represented businesses to both enforce their trade secrets against theft by others and to defend against such claims. Our attorneys have handed complex misappropriation and unfair competition cases for clients in a number of different industries involving such varied technologies as corrugated shipping pallet manufacture and image digitizing.
Patent Enforcement and Litigation
Patents can be extremely valuable assets and the technologies behind them extremely complex. Henderson Franklin’s IP attorneys understand the commercial value of patents to our clients and also have the expertise to understand the technology behind them. Our IP Litigation team works with clients to both prosecute and defend claims of patent infringement in federal courts as well as in Patent Trial and Appeal Board (PTAB) proceedings including inter partes reviews (IPR), post grant reviews, covered business method (CBM) reviews and ex-parte re-examinations. We also have experience defending against claims brought by Non-Practicing Entities.
Click to download Henderson Franklin's Intellectual Property Brochure.
Enforcement and Litigation News
- Nieds and Hickman to Deliver Virtual CLE, “Competitive Advantage: Understanding Key Intellectual Property Concepts that Drive Business”
- Mark Nieds Shared Insight on Business Formation to Southwest Florida Entrepreneurs, Start-ups and Small Business Owners
- Henderson Franklin Named “Best Intellectual Property Law Firm” By Gulfshore Business Magazine
- Patent Attorney Luca Hickman Honored as 40 Under 40 Honoree
- Henderson Franklin Names Mark Nieds Chair and Launches Intellectual Property Group