Our large, sophisticated trademark practice helps clients drive growth by developing, protecting and promoting their strong, recognizable brands. We secure and enforce trademark rights as part of a broader strategy that honors not just who our clients are but where they want to go. In addition to establishing successful new brands and developing new forms of branded content on consumer platforms of every kind, we provide counsel on how to best maintain existing trademark assets in a rapidly changing marketplace.

Our solutions are cost-effective, whether for traditional commerce or clients leveraging new media platforms and emerging technologies. We advise firms in a range of industries, from retail and professional services, to consumer goods, to high technology and manufacturing.

In working closely with clients to select new brands, we quickly assess availability and enforceability and develop international filing strategies tailored to each client’s budget and marketing objectives. Clients rely on our experience in protecting trade dress, product configuration and color marks. Our maintenance and watch programs keep clients informed of the status of their trademark portfolio, as well as the branding initiatives of their competitors around the world.

When litigation is required, our experienced IP litigation team defends and prosecutes sophisticated matters before federal trial and appellate courts, the Trademark Trial and Appeal Board, the International Trade Commission and a variety of arbitration forums around the world. We also provide counsel on the cutting edge intellectual property issues presented by mobile applications, websites, multi-level domain names and virtual worlds, as well as interactive social media platforms and their associated terms of use.

Branding and Trademarks

The following are examples of successful outcomes that we have obtained for our clients:

  • Won a major trade dress action brought by our client’s competitor, winning at trial and then affirmed on appeal, invalidating our opponent’s incontestable trademark registrations.
  • Worked with packaging designers for major consumer products companies to create and implement a strategy to protect the client’s new, distinctive bottle and packaging designs.
  • Represented one of the nation’s well known retail brands in a variety of high-profile trademark disputes. That same brand also relies on our counsel to prosecute their new trademarks and defend against copyists.
  • Assisted several clients in rebranding their entire organizations, including deep work on their larger strategy, selection and clearance.
  • Won a temporary restraining order on behalf of one of the nation’s most prominent environmentally conscious household cleaning products companies, after a full hearing prepared with only a single day’s notice.
  • Developed and successfully implemented an enforcement program to stop online infringements for one of the nation’s largest toy companies.
  • Brought and won one of the first domain name challenges before the World Intellectual Property Organization under the Internet Corporation of Assigned Names and Numbers procedures.
  • Assisted a multinational corporation with designing, implementing and managing the offshore ownership of its worldwide trademark portfolio, resulting in substantial tax savings.
  • Achieved significant cost savings for retailer by challenging competitors’ similar brands via letters of protest filed with the United States Patent and Trademark Office, instead of relying on formal opposition proceedings.
  • Negotiated world-wide trademark licensing deal between one of the world’s largest retailers and one of the world’s largest sports federations.
  • When the Food and Drug Administration rejected our client’s proposed drug name, we launched an aggressive, expedited clearance program for dozens of alternative names, ultimately clearing in a matter of only days a substitute name for the drug.

Our DBRanding blog is designed primarily for business owners, in-house counsel, and marketing managers who are seeking uncomplicated, practical, day-to-day advice about how to build, protect, or monetize a brand.  Our contributors are Drinker Biddle lawyers and paralegals with extensive experience managing trademark (and copyright, and patent) portfolios owned by everyone from Fortune 100 companies to sole proprietorships.

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