Trademark Litigation

Latham’s trademark litigators bring vast experience helping companies clear, register, and protect valuable goodwill accumulated in their brands— often one of the most important intellectual property assets a company owns — from being infringed, diluted, or abandoned.

We routinely litigate, arbitrate, and mediate trademark infringement, unfair competition, false advertising, cybersquatting, and breach of contract claims involving trademarks and/or trade dress issues. We bring exceptional experience prosecuting trademark applications and maintaining and policing trademark portfolios throughout the world. The team also regularly prepares a wide range of trademark-related contracts, including licenses, co-existence agreements and settlement agreements. 

We represent clients in a wide variety of matters before the courts, regulatory agencies, and review boards, such as the National Advertising Division, involving claims of false advertising, deceptive packaging, and similar issues. We regularly defend against false advertising claims brought under the Lanham Act, as well as state law false advertising statutes, such as California Business & Professions Code § 17500. The team provides review and recommendation services to clients to help minimize the risk of a false advertising claim and assist with claim substantiation and documentation. 

With the firm’s global presence, we regularly step in and immediately manage a client’s worldwide trademark portfolio through the entire prosecution process, including clearances, filing oppositions, maintenance, monitoring, and enforcement. Latham’s US and European offices handle trademark prosecution and litigation for a large number of national and international clients in the retail, manufacturing, financial services, entertainment, and technology sectors. 

We routinely defend clients against various US federal and state false advertising, unfair competition, unfair business practices, and consumer protection claims, including claims under the Lanham Act, California’s Consumer Legal Remedies Act, New York’s unfair competition laws, and California’s controversial Unfair Competition Act, Business & Professions Code § 17200. These have included class actions, attorney general and district attorney prosecutions, and representative claims brought by private attorneys general. 

The firm has been called upon to confront California’s Unfair Competition Act in connection with a variety of substantive legal areas, including environmental, healthcare, employment and labor, securities, products liability, and food labeling.