From our base in New York, we represent a diverse range of clients across the country and around the world.

For many of our clients, ideas are integral to their business model, and the protection of their intellectual property is crucial. Our IP litigation practice handles a large volume of claims, both as pre-litigation disputes and as litigations, alleging copyright, trademark, right of publicity and patent infringement, as well as misappropriation of trade secrets, representing organizations of every size and type.

Disputes Over Advertising and Marketing Practices

In all manner of infringement claims, our clients trust us to understand the broader commercial context surrounding each case. When advertising and marketing practices are involved, we draw freely on the firm’s deep institutional knowledge of the advertising and marketing fields to bring leading-edge strategies to bear.

Our experience over so many similar matters gives us a good feel for the real-world factors that can affect the outcome, and we know the most likely scenarios in such disputes. We identify and assess a client’s potential claims and risks, develop creative solutions, and recommend when litigation is the right choice.

Finding Practical Solutions

Our approach to IP litigation and disputes is calibrated to the budget constraints and risk tolerance of our clients. With the understanding that not every dispute is destined for trial, we work to achieve the desired outcome while keeping costs manageable. While we are prepared to go to trial if necessary, we are equally likely to produce the dispositive motion or the early settlement that resolves the case quickly and efficiently.

Collaborating Across Disciplines

IP litigation often touches on other practices as well. Our lawyers work closely with the lawyers who secure the initial IP protections to understand the unique aspects of each asset in dispute. We frequently collaborate with other practices within the firm — Advertising + Marketing, Corporate + Transactions and Privacy + Data Security, — for authoritative takes that inform every IP litigation and dispute we undertake.

Representative Experience

  • Defending a real estate technology company in a trademark infringement action filed by another real estate startup, and represent our client in related counterclaims. Coordinated discovery requests and responses concerning issues of consumer confusion, senior user status, and nationwide presence to establish common law trademark rights.

  • Obtained dismissal of an action against an adtech company specializing in technology that blocks malicious online advertising when a competitor sued for alleged trade secret misappropriation. Court granted our motion to dismiss in its entirety, protecting our client’s reputation and its most important asset, its technology.

  • Helped a celebrity client and trademark owner combat online marketing schemes fraudulently claiming that he endorsed certain medical cannabis/CBD oil products. Strategically filed a trademark, right of publicity and false endorsement action against certain marketers we identified after performing an online forensic investigation of the infringing ads. Identified additional involved parties through our forensic findings and information we obtained through subpoenas. Negotiated confidential settlements to ensure that the infringing activity ceased. We were able to protect the client's reputation, collect settlement payments from infringers and also brought to light the harm to unsuspecting consumers who were misled by the infringing and deceptive marketing tactics.

  • Represented a Fortune 50 global advertiser and its advertising agencies against allegations that certain legacy marketing materials contained various music tracks without authorization. Resolved the disputes by taking swift action and avoided litigation.

  • Resolved copyright infringement and other intellectual property claims asserted by a graffiti artist against a global marketing and communications firm and its client in connection with the alleged unauthorized use of the artist’s mural in social media posts.

  • Defended a global consumer goods company, along with its advertising agency and numerous major broadcasters, publishers, and streaming platforms, in a lawsuit concerning ownership of a recording of a major brand’s iconic jingle. Our motions to dismiss substantially narrowed the case, leading to the dismissal and withdrawal of the plaintiff’s trademark, right-of-publicity and unfair-competition claims. Settled the lawsuit on favorable terms after limiting potential copyright damages through a series of discovery rulings on "indirect profits" and filing meritorious motions for summary judgment and to amend our counterclaims to assert a fraud claim.

Key Contacts

Meet The Team