Our counseling services often begin at a trademark’s inception with proactive advice during the selection and prosecution process to help avoid or minimize the chances of litigation. But when problems arise and valuable trademark rights are at stake or an accusation has been made, we believe it pays to have seasoned litigators on your side. We have handled cases that span numerous industries and implicate all types of trademark rights. Representing both plaintiffs and defendants, our lawyers have decades of experience litigating both large and small trademark cases before courts throughout the country. We regularly appear before the U.S. Patent and Trademark Office and its Trademark Trial and Appeal Board (TTAB), federal circuit courts of appeal, district courts, and other tribunals.
Our vast litigation experience makes our attorneys well versed in the best ways to approach cases, whether large or small, complex or straightforward. We assess the potential risks and rewards of disputes and provide creative solutions for clients of all sizes.
Our litigation practice covers all types of trademark infringement and dilution cases involving trademarks, service marks, trade dress, product configuration, trade names, domain names, letters, numbers, colors, and telephone numbers. We have an impressive track record of favorably resolving litigations for our clients, whether by choosing a forum that gives clients the best chance to win on the law, filing a motion to dismiss, obtaining an early temporary restraining order or preliminary injunction, positioning a case for settlement, moving for summary judgment, or taking the case to trial. One of our strengths is the use of experts to enhance our clients’ legal positions. We work with numerous consumer survey experts on a wide range of issues in trademark litigation, including likelihood of confusion, likelihood of dilution, genericness, secondary meaning, and fame. We also make strategic use of other experts in areas such as linguistics, marketing, consumer psychology, industry practices, and damages.
TTAB proceedings are much like civil litigation, including initial, expert, and pretrial disclosures. The Rapacke Law Group has a wealth of experience in civil litigation and we have had a substantial practice before the TTAB. Many of our trademark attorneys have extensive expertise in handling opposition and cancellation proceedings before the TTAB.
We treat each opposition and cancellation as a unique matter. We look at the claims and defenses and the relevant evidence in view of our client’s goals, resources, and the merits of the case. We then formulate a plan to best achieve a client’s goals, whether by settlement or trying the case. In particular, we develop an early discovery plan for each case. We often recommend minimal, targeted discovery and sometimes no discovery at all. In cases where we represent the plaintiff, we create overall strategies, taking into consideration the nature and extent of the opponent’s use (if any) of the challenged mark.
If a client’s brand, goodwill, or standing in the marketplace is threatened by false statements or deceptive advertising, an immediate response is often required. The Rapacke Law Group has successfully achieved swift resolutions, including restraining orders, for our clients. We are well versed with the Lanham Act and understand the nuances of litigating claims involving false claims and deceptive practices that threaten or cause consumer confusion.
When confronted with false and deceptive advertising claims, you need a seasoned litigation team with deep knowledge of both the technology at issue and the law to bring a multifaceted and strategic approach to the dispute. Proving that an advertisement is false often requires two levels of expertise—technical proficiency to establish the truth or falsity of the statement, and experience with surveys to measure the impact on consumers. The Rapacke Law Group is uniquely qualified to handle both of these areas. Our international network of resources, combined with our technical backgrounds, enable us to identify and retain the world’s leading technical experts and partner with them to assess advertising claims, scientific test methods, and statistical analyses.
We are equally adept at coordinating the survey evidence needed to prove a client’s case. For many years, we have worked with numerous consumer survey experts to develop and utilize evidence on a wide range of issues, including likelihood of confusion, likelihood of dilution, genericness, secondary meaning, fame, and, of course, the truth or falsity of advertising. The Rapacke Law Group also makes strategic use of other experts in areas such as linguistics, marketing, consumer psychology, industry practices, statistics, and damages. As a result, we have the experience to select and prepare witnesses who provide accurate, credible, and understandable testimony on even complex technical issues.
The Rapacke Law Group’s experience in all areas of IP law, including trademark, copyright, unfair competition, trade secrets, and utility and design patents, enables us to form complementary strategies to best protect your company’s products on many fronts. False advertising claims are often simultaneously litigated with trademarks or design patents, and our trial lawyers draw on decades of experience in all of these IP areas to collectively protect our clients’ interests.
At The Rapacke Law Group, we understand that victory comes through many channels and in many forms. We are fully prepared and qualified to litigate through trial and appeal. But our ability to obtain successful results on early motions or in arbitrations and settlement negotiations means we often resolve cases long before trial and at considerable savings to clients. Simply stated, a successful litigation outcome is one that meets your business goals in the most cost efficient manner possible.
"I hired The Rapacke Law Group to help protect my card game invention with a copyright and trademark. Andrew's team was wonderful in answering all my questions and get my invention protected. I highly recommend working with Andrew, and we definitely will be using him with my next invention. He provided excellent advising in the lead up to producing my prototype and assisted be reviewing all of my paperwork before filing for formation of my LLC. His expedient and thoroughly efficient approach has directly contributed to the foundation of my thriving new business."
"Andrew is a great intellectual property attorney. He's very transparent on price and was very thorough with the provisional patent. He made all the changes I asked for before we filed the patent and he runs a truly fixed fee intellectual property law firm. Other lawyers want to nickel and dime you for every change you make, which can be extremely difficult to pay for inventors just starting out or on a budget. He was easily accessible as well. If he missed my call, I would get a call back within an hour or two. It was a great experience overall and if you are looking for an intellectual property attorney I would highly reccomend you look no further than The Rapacke Law Group."
"Andrew introduced himself to me at a Toy Fair in Chicago. We talked briefly about some projects that I was working on the time, but I already had representation. Andrew offered to give me some advise on a pending patent. I was impressed with his knowledge of the patent process. I hired him to help me with an office action on that same patent. I also hired Andrew to help me put together a Licensing Agreement. I feel that Andrew does a very good job of looking at the agreement from both sides of the fence. He has good judgment and wants to guide you, so that your expectations are realistic."
"I hired Andrew to assist my company with a patent infringement and non provisional patent filing. Andrew is very knowledgeable and easy to work with, and his pricing is very transparent and straightforward which I like. He was also very accessible which I needed during a critical time for my company. I'd definitely recommend and will hire again!"
"Andrew helped our company to apply for a Trademark registration and a Patent. He is always available to answer any questions without charging extra fees for phone conversations or emails. We are very satisfied with the services his firm provided and would definitely recommend Andrew. Thank you!"