Trademark Litigation

Experienced Trial and Appellate Team to Protect Your Brand Identity

We regularly represent clients in litigation critical to protecting brand identity and market share. These cases involve trademarks, trade dress, advertising practices, and claims of unfair competition or false advertising. We have substantial experience enforcing and defending clients in trademark litigation. And we have an impressive track record of success before federal and state courts and the US Trademark Trial and Appeal Board. We also work strategically with foreign counsel on litigation outside the United States.

Awards

BTI Litigation Report

Firm recognized in BTI Litigation Report as a Leader for IP Litigation (2024)

Best Law Firms 2023

Ranked Nationally for Litigation – Intellectual Property “Best Law Firms 2023”

WTR 1000

The firm and four individual practitioners earned recognition in the 2024 edition of World Trademark Review (WTR) 1000: The World’s Leading Trademark Professionals.

Our Experience

Former NFL Star Protects Brand from Trademark Infringement

Mintz represents former NFL star Shawne Merriman with trademark issues concerning his Lights Out brand, including in matters involving major sports apparel brands. Mintz has brought trademark infringement, false endorsement, and unfair competition suits and successfully settled trademark cases.

Fitness Program Prevails in False Advertising Case

Mintz obtained partial summary judgment on First Amendment grounds for global fitness and training company CrossFit, Inc. CrossFit brought Lanham Act false advertising claims based on a study published by the National Strength and Conditioning Association that contained false CrossFit injury data.

NBA Player Sues Television Production Company

Mintz represented an American pro basketball player in his case against a TV production company and others for using his trademark and brand without consent and a third party's contract suit against the player. Mintz’s client prevailed on summary judgment, and the adversary’s appeal was denied.

Our Approach

We have a reputation for aggressively, efficiently, and strategically pursuing our clients’ core business interests in discovery, at trial, and on appeal — experience that we often leverage to settle cases to our clients’ benefit. Our clients appreciate that it doesn't always take a trial to get their desired results. When we do go to trial, we tap the talents of more than 50 attorneys and senior professionals focused primarily on IP litigation. Since we know our clients’ industries and many of the issues specific to their businesses, we're able to build litigation strategies to manage industry-specific challenges.

Areas of Focus