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Litigation
Intellectual Property
Davis & Gilbert is regularly involved in Intellectual Property litigation on behalf of our advertising and marketing clients. Our attorneys are experienced trial and appellate court practitioners, handling sophisticated intellectual property cases throughout the country.
We regularly handle matters involving artwork, photography, music (compositions, sound recordings, musical performing styles), slogans, logos, sound mnemonics, literary works, personal rights and celebrity look-alikes and sound-alikes.
These matters involve our litigating in the areas of:
• Copyright and idea misappropriation, often involving complex jurisdictional and preemption issues and the use of forensic experts, such as musicologists
• Trademark and trade dress infringement, and false endorsement and false advertising claims (involving the Federal Lanham Act and state unfair competition laws) and dilution of trademarks, with expertise in name brand versus private label products
• Rights of privacy and publicity under state statutory and common law, ranging from the unauthorized use of one's name or a deceased celebrity's image to the use of a well-known musician's instrumental "identity."
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