Litigation

Formulating a Plan That Achieves Your Goals

• Your business interest is at the forefront in every intellectual property lawsuit, whether you are a plaintiff or a defendant. We adopt an effective litigation strategy that advances your overall business objectives.
• For instance, whenever we represent the defendants in a lawsuit, we evaluate their insurance policies to determine whether coverage is available to pay for your attorneys’ fees and possible damage awards. This helps you weigh all the facts about any eventual impact on your business.

Patent Litigation

If your invention is being copied, you need to prevent lower quality products from cutting into your profits and infringing on your rights. We file patent infringement suits and use our experience to stop the infringing conduct – and recover your monetary damages.

If you find it necessary to fight claims that your products are infringing on another company’s patent, we can defend you against patent infringement allegations and use our experience to invalidate the patents, prove non-infringement, minimize any liabilities, or negotiate a favorable settlement so your business may proceed.

Trademark Litigation

Our experienced trademark litigators file infringement lawsuits in Federal and State Courts to prevent your competitors from using your business name and trademarks on similar products. We can obtain preliminary injunctions against trademark infringers, forcing the defendants into quick settlements.

We also defend against trademark infringement suits and work to secure insurance coverage under commercial liability policies to pay our clients’ attorneys’ fees and settlement payments. We have also successfully used the trademark laws to evict cybersquatters and typosquatters and are experienced in ICANN arbitration proceedings.

Copyright Litigation

You can prevent others from making substantially similar versions of your copyrighted materials. However if cease and desist notifications are not enough, our experienced copyright attorneys can introduce copyright litigation in Federal Courts. We also enforce the right of publicity for our celebrity clients, and can prevent unauthorized use of your image.

Trade Secret Litigation

If a former employee has misappropriated your trade secret and is using it in a competing business, we can prevent this unauthorized use by filing a lawsuit and immediately seeking a preliminary injunction.

We also defend our clients against allegations of trade secret misappropriation and our extensive experience allows us to find shortcomings in the plaintiff’s trade secret protection policies. This can be an effective approach for dismissing a lawsuit or negotiating a favorable settlement so your business may proceed.

Unfair Competition

Both federal and state unfair competition laws can be used to prevent false advertising and unfair business acts that negatively impact your business, such as misleading statements, or Infringing on your trademarks or trade secrets. Unfair competition laws are also usually asserted in and supplement trademark infringement lawsuits. Section 43(a) of the Lanham Act is the Federal statute that protects against unfair competition and California Business and Professions Code S 17200 is the state law that protects consumers against any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising. The broad experience of our intellectual property attorneys can help navigate the complex laws that apply to unfair competition and determine how to pursue your matter and obtain relief.

Whether your competitors are infringing on your intellectual property or attempting to prevent you from conducting business, we can help. Contact the intellectual property lawyers at Milord & Associates for a consultation today.