Practice Areas & Industries: Duane Morris LLP


Trademarks, Copyrights, Trade Secrets and Unfair Competition Return to Practice Areas & Industries

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Our Intellectual Property attorneys assist clients in obtaining trademarks and copyrights, perform searches and render registrability opinions. Duane Morris has been repeatedly ranked among the top trademark filing law firms by Trademark Insider, IP Today and IP Law360. We file and maintain thousands of applications to register trademarks, current trademark registrations and copyrights each year in the U.S. We also coordinate with our international networks of law firms to file and maintain thousands of trademark applications and registrations throughout the world. We offer our clients technology solutions for real-time trademark docket management through the Duane Morris IP Portal, giving clients anytime/anywhere access to information on their IP holdings, including status updates on filings and alerts to upcoming deadlines.

We help clients establish, enforce and challenge trademark rights, both in the United States and abroad. We also counsel clients in trade dress and unfair competition matters under Section 43(a) of the Lanham Act as well as matters involving both IP and antitrust laws such as tying arrangements and covenants not to compete, and disputes regarding publishing rights and piracy.

Our IP trial lawyers litigate trademark claims in federal courts throughout the country, the Trademark Trial and Appeal Board and the International Trade Commission. We have recovered thousands of domain names from cybersquatters and we counsel clients on domain name strategies, domain name acquisition and the protection of IP rights on the Internet, including through international proceedings of ICANN and WIPO. Duane Morris is a registered trademark agent with ICANN's Trademark Clearinghouse (TMCH), a global repository of validated trademarks. Our attorneys can help clients register their trademarks with TMCH to protect their intellectual property with regard to domain names and brand identity. Our attorneys also have significant experience with pharmaceutical trademark and trade dress matters.

In trademark litigation, we focus on protecting the goodwill and brand value that our clients have worked to develop through their trademarks and trade dress. Our attorneys handle an array of trademark, trade dress and unfair competition disputes, including those concerning consumer product trademarks, business names, trademark dilution, trademark counterfeiting, false advertising, and clothing and accessory designs and other forms of trade dress.

We often represent copyright owners in actions against people and businesses that sell infringing items. Similarly, we represent composers, authors, software developers and publishers in protecting their copyrighted works against unauthorized copying, distribution and performance. Our lawyers have obtained ex parte orders to seize counterfeit goods under both the copyright and trademark laws.

Our IP lawyers regularly counsel clients about beneficial strategies to protect their trade secrets and represent them in disputes involving alleged misappropriation of confidential information. Because we are a full service firm, our IP lawyers work with our employment lawyers to draft employment contracts to ensure the protection of corporate-owned trade secrets. Our knowledge of trade secret law enables us to give clients the information and tools they need to safeguard their valuable intellectual property assets.

Our attorneys have handled trade secret litigation concerning a range of diverse technologies, prosecuting and defending claims of trade secret misappropriation in both state and federal courts across the country.

Articles Authored by Lawyers at this office:

California Court of Appeal Ruling Provides Further Guidance for Dealing with Trade Secret Claims Brought in Bad Faith
Karineh Khachatourian,Daniel T. McCloskey, May 11, 2015
On April 28, 2015, the California Court of Appeal issued its decision in Cypress Semiconductor Corporation v. Maxim Integrated Products, Inc., et al., affirming the trial court's finding that plaintiff Cypress Semiconductor Corporation brought its trade secret claim in bad faith and awarding...

California Federal Court Dismisses Trade Secret and Other Tort Claims
Karineh Khachatourian,Daniel T. McCloskey, April 28, 2015
On April 13, 2015, the Northern District of California rejected claims in a complaint by online real estate community and web application company plaintiff Top Agent Network, Inc. (TAN) that alleged online real estate marketplace, Zillow, Inc., improperly used and disclosed information about TAN's...

War Memorial Sculptor Wins Appeal in Copyright Litigation with Government
Arvind Jairam, March 19, 2015
An appellate court has affirmed a royalty award to a famous sculptor based on the U.S. government’s unauthorized use of his copyrighted work in a postage stamp. The decision by the Court of Appeals for the Federal Circuit in Gaylord v. United States comes after lengthy litigation that has...

California Federal Judge Invalidates Spinal Surgery Patents Due to Lack of Objective Boundaries
, February 25, 2015
On November 19, 2014, a federal district court in California invalidated claims in two spinal surgery patents, finding the claims indefinite under the U.S. Supreme Court's recent Nautilus standard. In Abdou v. Alphatec Spine, the Southern District of California granted summary judgment of...

More about the Monkey and the Selfie
Mark A. Fischer, February 17, 2015
The New Media Entertainment blog of August 18, 2014 attracted a new blog reader, David Slater. He’s the photographer who had contested...

“I Told the Waiter There Was a Fly in My Soup!” - A Little More Freedom for User Outrage on Yelp and other Social Media Sites
Mark A. Fischer, January 22, 2015
“The worst meal I ever had. And the service sucked, too.” Can you legally say that kind of thing about a restaurant on social media sites like Yelp? Those long, eye-glazing terms of service (sometimes called “terms of use,” “end-user terms of service,” etc.) in...

New Jersey Bankruptcy Court Upholds Trademark Licensees' Rights to Use Trademark Despite Licensor's Bankruptcy
Walter J. Greenhalgh,Steven T. Knipfelberg,Paul D. Moore, January 19, 2015
In In re Crumbs Bake Shop, Inc., No. 14-24287 (Bankr. D.N.J., Oct. 31, 2014), Judge Michael B. Kaplan of the U.S. Bankruptcy Court for the District of New Jersey held that trademark licenses may be entitled, under a bankruptcy court's equitable powers, to the protections of Section 365(n) of the...