Joe Fortner is co-chair of the Firm's Commercial Litigation Practice Group, and has represented clients in a wide range of intellectual property, business and commercial matters. He regularly represents clients in claims arising from contractual disputes, business fraud and other commercial torts, software development and other technology-related claims, trade regulation, unfair trade practices, employee termination, land use and environmental litigation, class actions, and product-related commercial disputes. He has done so in State and Federal Courts in numerous jurisdictions, as well as in international and domestic arbitration.
Joe also assists clients in their intellectual property matters, and chairs the Firm's intellectual property practice. He represents clients in trademark and trade dress, copyright, and patent disputes, including in the financial services, information technology, firearms, music, and other industries, and has litigated before the Trademark Trial & Appeals Board. In addition, he has represented clients in trade secret, domain name and licensing disputes, cyber-defamation litigation, and the enforcement of other intellectual property rights.
In addition to - and in part based upon his experience in -- his litigation practice, Joe advises clients with respect to intellectual property issues, negotiates agreements and relationships, and oversees the securing of federal registrations. Joe also counsels and represents clients in their other commercial concerns, and helps the firm's clients take proactive steps to both protect their rights and manage risks.
Joe co-chairs the Firm's Product Liability and Toxic Tort Practice Area. He has litigated products liability cases for numerous companies, and has defended a wide range of products manufacturers and sellers, including electrical equipment, transportation devices, consumer goods, power tools and manufacturing systems, in commercial claims and litigation arising from personal injury.
From 2007 until 2009, Joe was the Chair of the 1200-member Commercial Litigation Committee of DRI - the Voice of the Defense Bar. He has written and lectured on such topics as trademark and trade dress litigation, trademark dilution, antitrust issues, equitable remedies, trial procedures, and e-commerce, including authoring the Connecticut portions of several compendiums regarding trade secrets and product liability. Before joining the firm, Mr. Fortner practiced in New York within the Litigation Department of a large, multi-national firm. There, he handled a wide range of commercial and litigation matters, including contract disputes, lender liability and banking matters, accountant liability, and Lanham Act claims.
DRI - The Voice of the Defense Bar, Chair
Commercial Litigation Committee (Past Committee Chair)
ALFA International Business Litigation Practice Group
Represented clients (both plaintiff and defendant) in trademark, copyright, trade secrets and patent disputes, including negotiating cost-effective and beneficial resolutions.
H & S Secures Notable Sanction Award
Joe represented a defendant against claims of cyberdefamation relating to postings on an Internet forum.
Represented an international sporting goods company in international arbitration relating to its relationship with a foreign supplier.
Defended numerous technology vendors regarding claims of breach of contract, negligence, and products liability.
In a case involving an alleged breach of a real estate contract concerning property in Lebanon, fraud and violation of the Connecticut Unfair Trade Practices Act...
H & S Obtains Favorable Result in Environmental Matter
H & S Obtains a Summary Disposition of Claims Against Municipal Client
New Colt Holding Corp. v. RJG Holdings of Florida, Inc.
Intellectual Property Litigation: Consider the Law of Unintended Consequences
The Voice, 01/09/2008
Declaratory Judgment Actions: The Supreme Court Widens the 'Case-or-Controversy' Door
The Voice, 01/24/2007
Independent Ink Erases Patent Market Power Presumption
Connecticut Law Tribune, 04/01/2006
Baby Boomer Trade Dress: Litigating "Yesterday's" Memories
DRI Business Suit, 12/01/2005
Connecticut Upholds Right to Jury Trial in Trade Secrets Case
DRI Business Suit, 04/01/2004
Moseley's Not-So-Little Secret: Victor Victorious over Victoria's
DRI Business Suit, 07/01/2003
ICANN or ICAN'T Remedies Against Cybersquatters
The Business Suit, The Newsletter of the DRI Commercial Litigation Committee, 04/01/2001