Cease and Desist Letters:
In today’s competitive business climate, a patent or trademark owner is often required to enforce its registration and/or rights against a competitor, knock-off, copy-cat and/or infringer. Many times, this can be solved by having one of our Miami IP Attorneys draft, prepare and serve a well articulated cease and desist letter. These letters provide notice to the infringer to conform their conduct and to stop with their illegal conduct.
Likewise, many times a manufacturer, distributor or vendor may receive a cease and desist letter from a intellectual owner regarding a belief of infringement or unfair competition. Our intellectual property law firm can help. We assist clients accused of infringement with responding to such allegations, contacting opposing counsel who authored the notice letter, and negotiating a resolution. Often these cease and desist letters are based upon misperception or misinformation. Regardless, it is imperative that a timely responsive is prepared, and your rights maintained. Ignoring these letters may result in costly and unnecessary litigation. Many times, a phone call or a simply response by one of our Miami IP lawyers can resolve many of these issues.
Trademark Enforcement & Litigation:
Often a cease and desist letter goes unanswered, is ineffective and in some instances unwarranted. In these three scenarios a trademark owner may be forced to enforce its rights through state or Federal litigation. Our law firm is experienced and prepared to guide you through the maze and labyrinth of litigation. When trademark and trade dress disputes arise, it is important for you to have a seasoned, experienced and skilled trademark litigation attorney work to advocate for your rights.
Our team has handled over fifty complex trademark disputes for some of Florida and Latin America’s most valuable trademark portfolios. Moreover, we have litigated these cases in not only Florida, but in Federal Courts throughout the United States, and through international arbitration.
We have taken hundreds of complex depositions regarding trademark matters and participated in hearings before Federal judges. We likewise have experience in drafting and preparing trademark enforcement complaints and motions in these trademark disputes. We have had success after these filings and motion practice in negotiating advantageous settlement solutions on behalf of our clients to help receive the relief and results that they deserve.
Miami trademark attorney Robert H. Thornburg has been tapped on multiple occasions to serve as a trademark expert in complex trademark disputes throughout the country.
Patent Enforcement & Litigation:
It is often necessary to enforce your patent rights against a competitor. Just as with trademark enforcement, patent litigation requires a patent holder to file suit in Federal Court against the competitor for infringement. We provide the requisite pre-filing investigation to determine whether a good faith basis for a patent infringement may exist. Once determined that at least one independent claim of your patent may be infringed, our team of patent litigation attorneys will prepare and create an appropriate complaint for patent infringement. We will then help serve the accused infringement with process and then proceed with litigation on the merits.
Our experience patent litigation team will prepare all necessary motions, conduct thorough technical depositions, prepare and defend your depositions, and attend hearings before the Federal Judge. This includes working with technical experts which will opine as to the issue of whether infringement has occurred, and counseling clients as to the scope of potential damages.
Our team has handled some of the most noteworthy and largest patent infringement disputes in Florida. Likewise, we have helped defend allegations and claims of patent infringement in Federal Courts throughout the country. We are proud of our capabilities to offer our patent infringement services for a wide variety of technology ventures for both Florida and Latin American based companies.
Unfair Competition & Dilution:
In scenarios where a trademark holder has not registered a well known and source identifying mark, it may be possible to bring an unfair competition claim under the Lanham Act. We help prepare, file, enforce as well as defend unfair competition claims in both state and Federal Court. Similar to trademark enforcement proceedings, our team of trademark attorneys will help to prepare motions and other court filings for purposes of enforcing and defending claims of unfair competition.
In addition, in scenarios well a well known and famous mark is used for an unrelated category of goods or services – a trademark dilution claim may be brought as to the issue of tarnishment. Our team of trademark lawyers likewise has experience in defending and litigating these types of claims under both the Federal and Florida State Dilution Acts.