Trademark Policing and Litigation
A necessary complement to the effective prosecution and maintenance of trademarks is ensuring against encroachment by third parties. Kenyon’s attorneys rely upon strong trademark policing efforts and the judicious use of protest letters to afford clients ongoing protection against trademark dilution while relieving them from the burden of conducting their own policing investigations. Such efforts frequently enable clients to put a halt to third party encroachment before it leads to expensive and time-consuming litigation.
When disputes rise to the level of litigation, we represent clients before the federal courts and the specialized Trademark Trial and Appeal Board. Kenyon has extensive experience handling all phases of federal trademark litigation, successfully obtaining and defending against interlocutory injunctions, representing clients at bench and jury trials, and appealing decisions to the Courts of Appeals and the United States Supreme Court. We have also won cases that have established new law, such as ITC v. Punchgini, 482 F.3d 135 (2007), which established the Second Circuit’s law on “famous marks.”
While Kenyon has an established reputation in handling very large litigations, we also effectively handle smaller proceedings, such as inter-parties actions before the Trademark Trial and Appeal Board and cases for individual trademark owners. Our trademark attorneys have significant success in handling hundreds of opposition and cancellation proceedings annually. Our record of achieving results on behalf of our clients has earned us recognition from legal referral guides such as Legal 500, which names Kenyon as one of the top ranked trademark litigation firms in the US. In addition, 80% of Kenyon’s trademark partners are ranked as being amongst the best in the field by attorney referral guide Super Lawyers.