Intellectual Property (Trademarks, Copyrights)
- Trademarks
- Copyrights
- Domain names
- Internet law
- Trade secrets
- Licensing
- Litigation
Registration: Headed by Barnard N. Madsen, our IP group has registered dozens of trademarks in the U.S. and internationally and has maintained a portfolio of well over two hundred trademarks for corporate clients large and small. We have also registered complex software with the U.S. Copyright Office. Mr. Madsen recently gave his "Trademarks 101" presentation at the Utah State Bar Spring 2010 Convention.
Enforcement: The group has handled simple litigation involving trade name, trademark, and cybersquatting disputes, as well as complex litigation involving software rights, trademark and trade dress infringement, and domain name disputes. The group practices in federal and state court, before the United States Patent and Trademark Office, the Trademark Trial and Appeals Board, and domain name arbitration panels under ICANN's Uniform Dispute Resolution Policy. Mr. Madsen is a member of the International Trademark Association (INTA), and was recently selected by his peers as one of Utah's 2010 "Legal Elite" in litigation.
Attorneys:
Representative matters:
In nearly a dozen recent trademark and trade dress infringement matters, the potential defendants settled after receiving our demand letter.
In four recent trademark and trade dress infringement cases, defendants settled without further litigation after being served with our summons and complaint.
In a representative case involving multiple plaintiffs and defendants and intellectual property ownership rights, before filing a federal court complaint our IP group made a one-hour presentation to the potential defendants and their counsel. Within days, the defendants made a six figure settlement offer. The case ultimately settled for more than three times the original offer.
In defending a recent trade dress infringement case, we persuaded a federal judge to reverse his ruling on a preliminary injunction motion and to admit that he had committed "clear error." The judge's reversal led to a favorable settlement with the plaintiff.
