IP Litigation

IP Litigation Services When You Need Them

When an individual or entity infringes upon your intellectual property rights, you need aggressive, experienced representation to protect what’s yours.

When you are accused of infringing another’s intellectual property, you need to fight back.

Emerson Thomson Bennett’s practice is focused entirely on intellectual property law. Our attorneys have the experience, qualifications, and courage to get the job done by skillfully navigating the intricacies of IP litigation.

Our intellectual property lawyers have experience litigating cases all around the country in a wide variety of technologies in a cost-effective manner. View some of our notable cases to learn about our proven results.

What Is Intellectual Property?

Intellectual property (IP) refers to creations of the mind, including inventions, literary and artistic works, designs, symbols, names, and images used in commerce. These intangible assets are protected by law, which means you control the use of your business or personal innovations and can prevent unauthorized exploitation by others.

 Key forms of intellectual property include:

• Patents, which protect inventions
• Trademarks, which safeguard brand names and logos
• Copyrights, which cover original works of authorship
• Trade secrets, which protect confidential business information

By securing exclusive rights to your intellectual assets, your business can benefit financially from its work, whether through direct commercialization, licensing agreements, or selling its IP rights.

The Value of Intellectual Property Litigation

IP litigation attorneys play a critical role in enforcing the legal protections granted to creators and businesses.

When your IP rights are infringed upon, litigation provides a formal mechanism for resolving disputes and ensuring you can defend your interests as the rightful owner. With the help of a lawyer, you can stop the unauthorized use of your intellectual property, secure compensation for damages, and deter future infringement.

Beyond protecting individual rights, IP litigation also upholds the broader principles of fairness and innovation within the marketplace. By holding infringers accountable, IP firms like ours reinforce the importance of respecting intellectual property laws, which in turn encourages ongoing innovation and investment in new ideas.

Patent Litigation

Emerson Thomson Bennett has an aggressive patent litigation group consisting entirely of registered patent attorneys with a wide range of technical knowledge and insights into United States Patent and Trademark Office procedures. This provides us with a unique advantage in unpacking the highly complex aspects of patent infringement lawsuits.

Our IP litigation attorneys have successfully litigated patent infringement claims in federal courts throughout the country and provide comprehensive litigation representation to many types of clients.

From infringement opinions to injunctions or temporary restraining orders, Markman hearings to summary judgment, and trial through appeal, our team is experienced and ready to enforce your valuable patent rights or endlessly work to defend your rights.

Trademark Litigation

Our intellectual property lawyers represent clients in all aspects of trademark claims.

We have litigated both common law and Lanham Act trademark and service mark infringement lawsuits, trade dress disputes, trade secret lawsuits, domain name cybersquatting claims, and dilution, unfair competition, and false advertising claims in state and federal court.

In addition, our attorneys routinely represent clients in trademark oppositions before the Trademark Trial and Appeal Board and have experience in resolving Internet domain name disputes pursuant to the Internet Corporation for Assigned Names and Numbers’ (ICANN) arbitration procedures. We also offer representation in U.S. Customs counterfeiting cases and any other trade practice-related case.

Copyright Litigation

Our firm has a longstanding and successful track record of obtaining outstanding results for its copyright clients. Whether representing the plaintiff or defendant, our litigators have demonstrated a particularly adept understanding of the intricacies of copyright litigation.

Emerson Thomson Bennett works with its clients to develop a comprehensive copyright protection plan that fully evaluates its strengths and weaknesses and places your copyrights in the best position to receive statutory damages and an award of attorneys’ fees should your copyrights be threatened or questioned and the need for litigation arises.

Litigation of Trade Secret Misappropriation and More

When your business’s success relies on vital trade secrets, you must do all that you can to protect them.

Emerson Thomson Bennett represents clients whose trade secrets have been misused, putting them at a disadvantage against their competitors. Our trade secret litigation attorneys have vast experience assisting businesses that have had their trade secrets stolen, copied, or misused.

Our intellectual property lawyers also work with individuals accused of misappropriating a business’s trade secrets. We will help you develop a strong defense to protect yourself against these accusations of wrongdoings. Misappropriation of trade secrets can be a difficult aspect of IP litigation, but the attorneys of Emerson Thomson Bennett have the skills and knowledge these cases require.