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Learn How a Florida Trademark Litigation Lawyer at Lott & Fischer Can Help Protect Your Company’s Brands Worldwide

Lott & Fischer’s lawyers have decades of experience helping companies protect their brands in trademark litigation worldwide. We are well-known for our experience and results in this area, with many of the world’s leading companies consistently choosing our firm when their multi-million-dollar brands are on the line. We regularly receive referrals for trademark disputes from other law firms as well, and if you are in need of an experienced Florida trademark litigation lawyer, we can show you why we are among the most respected trademark litigation firms in the United States.

Matters We Handle

We handle all types of trademark litigation matters in the U.S. and abroad. We have substantial experience serving as both plaintiff’s counsel and defense counsel—and we are equally comfortable fighting to protect companies’ trademarks and fighting to protect companies against liability for infringement. Each Florida trademark litigation lawyer at Lott & Fischer is more than capable of providing effective representation for matters including:

Trademark Infringement Litigation Under the Lanham Act

The Lanham Act governs trademark disputes in the United States. It establishes the terms under which trademarks are eligible for protection, and it establishes defenses to trademark infringement claims as well. We represent trademark owners and alleged infringers in litigation under the Lanham Act in Florida’s Southern, Middle and Northern Districts and in federal district and appellate courts nationwide.

In addition to representing clients in trademark litigation at the federal level, we also represent clients in trademark infringement litigation in state court. Trademark owners may benefit from litigating at the state level for various reasons. If you need to enforce your company’s exclusive trademark rights, we can help you choose between litigating in state and federal court, and if your company is facing a trademark infringement lawsuit in state court, we can work to secure a favorable resolution on your company’s behalf as efficiently as possible.

USPTO and TTAB Litigation

Our lawyers routinely represent clients in litigation and other proceedings before the U.S. Patent and Trademark Office (USPTO) and its Trademark Trial and Appeal Board (TTAB). This includes (but is not limited to) disputes involving:

  • Opposition Proceedings – Opposition proceedings involve efforts by competitors and other third parties to prevent a trademark’s registration.
  • Cancellation Proceedings – Cancellation proceedings involve efforts to invalidate previously issued trademark registrations.
  • Expungement and Reexamination Proceedings - Expungements and reexaminations are summary proceedings to quickly cancel existing trademark registrations due to nonuse

We also handle appeals and litigation involving the denial of trademark registration by the USPTO. If the USPTO has improperly denied registration for one of your company’s trademarks based on genericism, descriptiveness, confusing similarity or other grounds, we can take all necessary legal action to seek to have the USPTO’s decision overturned.

International Trademark Litigation

We also regularly assist trademark owners with pursuing and defending against claims in litigation around the world. We have the capabilities required to efficiently handle cross-border trademark litigation in Canada, Australia, Latin America, Europe, Asia, Africa and the Middle East. International trademark laws are different—and often very different—from the laws in the United States. As a result, whether you need to take action to protect your company’s trademarks or defend against infringement allegations, it is critical to have an experienced international trademark litigation lawyer on your side.

FAQs: Trademark Litigation in the U.S. and Abroad

When Should Brand Owners Consider Pursuing Trademark Litigation?

Brand owners should consider pursuing trademark litigation as soon as they have concerns about infringement or an attack on their exclusive trademark rights. If you have questions or concerns about protecting your company’s marks, we encourage you to speak with a Florida trademark litigation lawyer at Lott & Fischer immediately.

What Are Some Examples of Defenses to Infringement in Trademark Litigation?

In trademark litigation, potential defenses fall into three main categories: (i) the plaintiff’s trademark is invalid or its exclusive rights are limited (i.e., due to the defendant’s use of its mark prior to registration or disclaimers made by the plaintiff during procurement of the trademark); (ii) the defendant’s mark (or use of its mark) is non-infringing; and, (iii) the plaintiff’s claim should fail on other grounds (e.g. because the plaintiff waited too long to assert its exclusive rights). There are several specific defense strategies within each of these categories, and choosing the best strategy (or strategies) in any particular case requires an in-depth assessment of all relevant facts and circumstances.

Is There a Statute of Limitations for Pursuing Trademark Litigation?

In the United States, the Lanham Act does not establish a statute of limitations for pursuing trademark litigation. As a result, at least theoretically, trademark owners can pursue infringement claims no matter how long it has been since the infringement occurred. As a practical matter, however, unnecessary delays can hinder trademark owners’ enforcement efforts (while allowing the costs of the infringement to add up), and they will give rise to strong defenses in some cases.

Speak with a Florida Trademark Litigation Lawyer at Lott & Fischer

If you would like to speak with a Florida trademark litigation lawyer at Lott & Fischer, we invite you to get in touch. Please call 305-448-7089 or contact us online to schedule an appointment today.