IP Litigation

Intellectual property is most likely your business’s most important asset. If it becomes necessary to assert your business’s intellectual-property rights — or defend your business against a claim for intellectual-property infringement — Axenfeld Law will zealously represent your business’s interests acting as your advisor, advocate, and if warranted, a negotiator to help settle your dispute.

Our attorneys regularly represent clients involved in intellectual-property disputes involving both federal and state laws, including:

Trademark and Brand Litigation:

  • Trademark Infringement
  • Business Name (i.e., trade name) Infringement
  • Internet Domain Name Disputes
  • Unfair Competition
  • False Advertising
  • False Designation of Origin
  • Counterfeiting
  • Cybersquatting
  • Trade Dress Infringement (including brand theft involving logos, color configuration, and other recognized branding practices)
  • Disputes involving Trademark-Related Agreements including enforcement of co-existence, settlement, or license agreements
  • Right of Publicity and Privacy Litigation

Trademark Opposition and Cancellation Proceedings:

  • Opposition Proceedings before the U.S. Patent & Trademark Office’s Trademark Trial and Appeal Board (“TTAB”) including defending against or commencing a “Notice of Trademark Opposition” before the TTAB
  • Filing an Extension of Time for Filing an Opposition
  • Cancellation Proceeding before the TTAB, including seeking to, or defending against a claim, to cancel a trademark owner’s existing registration on the Principal or the Supplemental Register
  • A Concurrent Use Proceeding to determine whether at least one trademark applicant is entitled to a concurrent registration
  • Counterclaims filed in an Opposition or Cancellation proceeding
  • Settlements or Judgments in Opposition, or Cancellation Proceedings
  • Appeals of TTAB decisions including appeals to the United States Court of Appeals for the Federal Circuit, and/or Civil Action

Copyright Litigation:

  • Defending against, or filing a claim for Copyright Infringement in Federal Court
  • Copyright disputes involving websites, software, photographs and visual works, music, and publications
  • Disputes involving Copyright Licenses and related agreements
  • Fair Use under the Copyright Act
  • Digital Rights Millennium Copyright Act (“DMCA”) Takedown Notices
  • Emergency Registration of a Work for a Copyright
  • Copyright Indemnification Agreements
  • Copyright Infringement Notices

Patent Litigation:

  • Serve as in-house counsel to your business in patent litigation matters and disputes
  • Provide pre-litigation non-infringement (or infringement) opinions and counseling
  • Serve as local counsel in Patent Infringement cases in Federal Court
  • Serve as co-counsel or backup counsel in Post-Grant Proceedings before the U.S. Patent & Trademark Office’s Patent Trial and Appeal Board (“PTAB”) including Inter Partes Reviews (IPRs), Post-Grant Reviews (PGRs), and Covered-Business Method Reviews (CBMs).
  • Reexamination Proceedings
  • Negotiating and drafting patent and technology licenses, settlement, and related agreements

As noted above, Axenfeld Law can assist your business in many ways when you’re dealing with an IP dispute. In the end, our goal is to litigate as efficiently, professionally, ethically, and effectively as possible to reach a favorable outcome for your business corresponding to your goals.