Litigation

Intellectual Property Litigation.  Intellectual Property disputes, while largely governed by federal law, are not always litigated in federal courts.  Certain patent and trademark disputes can also be litigated through administrative proceedings.  Our firm has represented trademark owners in administrative proceedings before the Trademark Trial and Appeal Board.  These proceedings are known such as cancellations or oppositions.

Trademark Oppositions and Cancellations.  In a Trademark cancellation or opposition proceeding, the Trademark Trial and Appeal Board decides whether a trademark is registrable based upon numerous different grounds.  The most common ground is priority and a likelihood of confusion. Our firm has successfully prosecuted and defended in scores of such proceedings, all while working within a budget.

Domain Name Takedown.  Domain names share certain traits with trademarks, and trademark owners may also determine ownership of domain names through what are known as UDRP proceedings, which are part of the Uniform Domain Name Dispute Resolution Policy. In such proceedings it is determined whether a domain name has been registered in bad faith, and which party is entitled to a particular domain name. UDRP proceedings offer a quicker and more cost-effective alternative to proceedings before a Federal District Court.

 

Settlement. Our firm always attempts to resolve intellectual property disputes as soon and as economically as possible. Litigation and administrative proceedings are typically a measure of last resort. Settlement, however, can continue or resume at any time during litigation.  

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© 2018 by Francis John Ciaramella, PLLC

Francis John Ciaramella, PLLC 

110 Front Street, Suite 300

Jupiter, FL 33477

(P): (561) 295-7325

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