Litigation Solutions

When disputes arise our Pennsylvania trademark attorney knows the practical approach is to first attempt resolution amicably without resorting to the courts. However, some instances require more immediate court intervention. Counsel at Esquire Trademarks have experience in Trademark Litigation in the United States Federal Courts and before the United States Trademark Trial and Appeal Board.

Services

  • Trademark Licensing Agreements
  • Cease and Desist Letters
  • Trademark Infringement Defense
  • Trademark Infringement Prosecution
  • False Advertising
  • Unfair Competition
  • Trademark Opposition Proceedings
  • Trademark Cancellation Proceedings
  • Domain Name Disputes
  • Settlements

Experience

Offensive Security Limited v. Udemy, Inc., Civil Action No. 4:15-cv-00761-WHO. Plaintiff attorney in a trademark infringement and copyright infringement action.  United states District Court for the Northern District of California.

NEMECO v. Hellion Holding Co., Trademark Opposition No. 91217245, United States Trademark Trial and Appeal Board.

Calidad v. Search Automotive, Civil Action No. 3:11-cv-00653-EMK. Plaintiff attorney in a trademark infringement action spanning various jurisdictions, including the United States District Court for the Middle District of Pennsylvania, a related civil action in the United States District Court for the Southern District of Florida, and a trademark opposition proceeding pending before The United States Trademark Trial and Appeal Board.

B&E Dimensional Stone Works, LLC v. Wicki Wholesale Stone, Inc., Civil Action No. 3:11-cv-1297-RPC. Plaintiff attorney in a trademark infringement action involving approximately 20 defendants. United states District Court for the Middle District of Pennsylvania.

Wicki Wholesale Stone, Inc. v. B&E Dimensional Stone Works, LLC, Trademark Cancellation No. 92056277, United States Trademark Trial and Appeal Board.

Offensive Security Limited v. Kali Systems, LLC, Civil Action No. 3:13-cv-01970-JMM. Declaratory judgment action concerning trademark infringement. United States District Court for the Middle District of Pennsylvania.

Eget v. Urgent Care MSO, LLC, Civil Action No. 3:2010-cv-00063. Acted as declaratory judgment action plaintiff counsel in trademark infringement and unfair competition action. United States District Court for the Middle District of Pennsylvania.

Urgent Care MSO, LLC v. Medical Express Care, Trademark Cancellation No. 91192880. Defended trademark cancellation Proceeding before the United States Trademark Trial and Appeal Board.

Upper Playground Enterprises, Inc. v. Grupo Emyco, S.A. de C.V., Opposition No. 91184333. United States Trademark Trial and Appeal Board.

Upper Playground Enterprises, Inc. v. Stadler, Opposition No. 91191496, United States Trademark Trial and Appeal Board.

Stratton v. Upper Playground Enterprises, Inc., Civil Action No. 09-CV-8796 PSG. Defense Counsel in Copyright Action. United States District Court for the Central District of California.

Saeilo Enterprises, Inc. v. Jacobson Hat Company, Inc., Civil Action No. 1:11-cv-01383-JMS-DML. Defense Counsel in Copyright Action. United States District Court for the Southern District of Indiana.

Powerrail Distribution, Inc. v. VRC, Inc., Civil Action No. 3:2012-cv-00974. Plaintiff Counsel in trademark infringement action. United States District Court for the Middle District of Pennsylvania. Multidistrict.

John Thorpe, et al v. Borough of Jim Thorpe, et al., Civil Action No. 3:10-cv-01317-ARC. Local counsel for plaintiff. United States District Court for the Middle District of Pennsylvania.

John Thorpe, et al v. Borough of Jim Thorpe, et al., Appeal Nos. 13-2446 & 13-2451. Counsel for Appellee / Cross-Appellant. United States Court of Appeals for the Third Circuit.

Liquid Precision, Inc. v. Philadelphia Scientific, Inc. et al., Plaintiff counsel in trademark infringement action. United States District Court for the Eastern District of Pennsylvania.

The Knit With v. Aurora Yarns, Civil Action No. 2:2009-cv-05981. Defense attorney in a Lanham Act false advertising related case. United States District Court for the Eastern District of Pennsylvania.

Goldschmidt v. Revelli, Serial No. 77272908, United States Trademark Trial and Appeal Board.

Standex Intl Corp. v. Burlodge Limited, Civil Action No. 3:2001-cv-00201. Plaintiff counsel in patent infringement litigation spanning various districts including Northern District of Illinois, District of Columbia, Northern District of New York. The main patent infringement action was filed in the United States District Court for the Middle District of Tennessee.

Standex International Corporation v. Burlodge Limited, Civil Action No. 1:2008-mc-00020. Defended Motion to Quash Subpoena Duces Tecum relating to litigation in another district. United States District Court for the Northern District of New York.

Standex International Corporation v. Burlodge Limited, Civil Action No. 1:2008-mc-00525. Defended Motion to Quash Subpoena Duces Tecum filed by the Department of Veterans Affiars relating to patent litigation in Tennessee. United States District Court for the District of Columbia.

Standard Knitting v. Toyota, Opposition No. 91116242, Trademark opposition proceeding involving the mark TUNDRA for apparel versus TUNDRA for automobiles. The case also involved domain name registration proceedings before the World Intellectual Property Organization.

Standard Knitting v. Gandy & Davies, Opposition No. 91162583, United States Trademark Trial and Appeal Board.

Standard Knitting Ltd v. Toyota Motor Sales, USA, WIPO Trademark STOP Proceeding No. DBIZ2001-00011. Top level .biz domain name dispute before the World Intellectual Property Organization.

Shen Manufacturing Company, Inc v. The Ritz Hotel Limited: Previously involved in numerous proceedings before federal courts in New York and Pennsylvania, and in opposition proceedings before the Trademark Trial and Appeal Board. Trademark related appellate litigation up to United States Supreme Court.

The Ritz Hotel Limited v. Shen Manufacturing Company Incorporated, 384 F. Supp. 2d 678 (S.D.N.Y. 2005). Counsel for defendant in declaratory judgment trademark matter. United States District Court for the Southern District of New York.

The Ritz Hotel Limited v. Shen Manufacturing Company Incorporated, Civil Action No. 2:05-cv-04730-NS. Counsel for counterclaim-plaintiff in trademark matter. United States District Court for the Eastern District of Pennsylvania.

The Ritz Hotel Limited v. Shen Manufacturing Company Incorporated, Civil Action No. 1:06-cv-04699. Successfully prosecuted and argued motion to compel production. United States District Court for the Northern District of Illinois.

Shen Manufacturing Co. v. The Ritz Hotel Ltd., Consolidated Trademark Oppositions 91071706, 91072817, 91072818, 91073756, 91074517, 91074778, and 91075003, which commenced in 1985. United States Trademark Trial and Appeal Board.

Shen Manufacturing Co. v. Ritz Hotel Ltd., 393 F.3d 1238, 73 USPQ2d 1350, 1353 (Fed. Cir. 2004); cert denied 126 S. Ct. 357 (2005). Counsel on a civil action that concerned various areas of trademark law. The case is cited in various locations of the Trademark Manual of Examining Procedure (TMEP). United States Court of Appeals for the Federal Circuit.

Shen Manufacturing Co. v. The Ritz Hotel Ltd., Consolidated Trademark Oppositions 91156252, 91156314, 91156556, 91157359, 91157390. United States Trademark Trial and Appeal Board.

Shen Manufacturing Co. v. The Ritz Hotel Ltd., Trademark Opposition No. 91165719. United States Trademark Trial and Appeal Board.

Shen Manufacturing Company, Inc v. Family Dollar Stores, Inc. et al., Civil Action No. 2:06-cv-00190-WD. Plaintiff counsel in copyright action. United States District Court for the Eastern District of Pennsylvania.

Incredibly Edible Delites v. Edible Arrangements et al., Civil Action No. 3:02-cv-01529-AVC. Plaintiff counsel in trademark infringement / unfair competition action. United States District Court for the District of Connecticut.

Healthcare Advocates, Inc., et al. v. Health Advocate Inc., et al., Civil Action No. 03-cv-3764. Summary judgment granted in favor of client dismissing all counts of trademark infringement, unfair competition, fraud. United States District Court for the Eastern District of Pennsylvania. Affirmed upon appeal before the United States Court of Appeals for the Third Circuit.