Regardless of the forum, Lewis Roca Rothgerber Christie has the ability and experience to handle intellectual property litigation of all types throughout the country, having handled hundreds of trademark, copyright, patent, trade secrets and rights of publicity cases in in federal and state courts throughout the United States, and the United States Court of Appeals for the Federal Circuit. We also have handled more than 100 cases before the Trademark Trial and Appeals Board, and numerous matters in the Patent Office Board of Appeals and the International Trade Commission.
We take a practical and adaptable approach to IP litigation. We determine the client’s business objective at the outset of the representation, the most cost-effective way to achieve the objective, and the preferred approach, whether aggressive litigation or business-focused settlement. Although we have the resources and depth to handle complex, high-stakes cases with a large team when needed, we prefer to staff litigation with a dedicated and lean team to maximize efficiency and minimize fees. Clients enjoy the big law experience of many of our IP litigators, without big law overhead and staffing.
We do not aimlessly pursue litigation from inception through trial; rather, we focus on trying to obtain the client’s objective as early as possible, whether through temporary restraining orders and preliminary injunctions, motions to dismiss, or motions for summary judgment. When trial is necessary, we have a team of seasoned trial attorneys with substantial experience with bench and jury trials.
Lewis Roca Rothgerber Christie is consistently ranked among the top 10 firms in the United States for volume of federal trademark lawsuits handled. Fortune 500 companies entrust us to enforce and defend some of the most valuable and recognized brands in the world. Our trademark litigation practice includes bringing and defending claims for trademark infringement, trademark dilution, false designation of origin, unfair competition, false advertising, and cybersquatting. We have handled hundreds of cases in federal court and before the Trademark Trial and Appeal Board, as well as Uniform Dispute Resolution Procedures and the new Uniform Rapid Response matter.
Our trademark litigation practice, begins with advising clients on the likelihood of infringement claims and liability at the clearance stage before any dispute arises. On the enforcement side, we advise clients on an enforcement program, taking into account the importance of the mark, the commercial and conceptual strength of the mark, budget, and other factors.
When a dispute arises, we think ahead. Before sending or responding to a cease and desist letter, we ensure that we are not exposing the client to unnecessary risks. We consider whether to file suit instead of sending a cease and desist letter, recognizing the potential for triggering a declaratory relief action in an unfavorable or distant forum. We focus on the client’s objective and how to best achieve the objective in light of all of the facts and circumstances. We rely on years of experience, knowledge of the law, knowledge of the opposing party and their counsel, in making judgment calls on how best to proceed.
If and when we get to litigation, we take a practical and adaptable approach. If we are the plaintiff, we select the best forum for the case, based on the facts and circumstances. We assess the likelihood of obtaining damages and injunctive relief, whether TROs, preliminary injunctions, or permanent injunctions. We consider creative business solutions to litigation, whether acquiring trademark rights or negotiating licenses or co-existence agreements.
Since many trademark disputes involve multiple jurisdictions around the word, including disputes in civil courts and administrative tribunals, we work with a network of international firms to lead and coordinate a global approach to resolving our client’s trademark disputes.