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Trademarks, Trade Dress, and Domain Names

We handle all aspects of trademark protection and enforcement, from clearance to registration to enforcement. Our practice is international in character.

Overview

We advise clients on the selection, clearance, and registration of marks in the United States and most countries in the world. We represent clients in opposition and cancellation proceedings before the U.S. Patent and Trademark Office; in ICANN domain-name proceedings; and in trademark-infringement, dilution, cybersquatting, false-advertising, right-of-publicity, and unfair-competition cases in state and federal court. We liaise with counsel in other countries to procure foreign registrations and supervise litigation and resolution of foreign trademark disputes.

A significant part of our practice involves the management of national and international trademark portfolios and corporate due-diligence investigations. We negotiate, draft, and monitor trademark licenses. And, in conjunction with our cross-practice Advertising and Social Media group, we advise clients on trademark and trade-dress matters in advertising and social media.

Ranked among the top firms in Texas by World Trademark Review 1000 2019

54

In 2018, handled trademark matters in 54 countries worldwide

TK Partner Herb Hammond named Dallas Lawyer of the Year for Trademark Law by The Best Lawyers in America® 2019 by Woodward/White Inc.

Experience

  • Represented a high-tech company against claims of trademark infringement and dilution brought by a holder of a federally registered and incontestable trademark relating to electromechanical devices, demonstrating lack of confusion, generic application, and fair use
  • Assisted a snack-food-product manufacturer with an international rebranding involving multiple new product marks in over a dozen countries
  • Represented a large, national nonprofit against a competing organization infringing on the nonprofit’s core trademarks
  • Assisted a beverage manufacturer with a full-scale product rebranding and modernization including new trademark and trade-dress registrations and labeling advice
  • Assisted a large, national transportation company with global trademark portfolio management
  • Represented a large Texas school district with trademark audit, registration, and vendor license agreements
  • Assisted a global clothing manufacturer with trademark investigation, diligence, negotiation, and transaction documents for $300-million brand acquisition
  • Represented a client that had donated more than $1 million worth of its seed corn to a charitable group for nonprofit distribution in foreign countries, obtaining a TRO and preliminary injunction based upon trademark infringement, unfair competition, and contract claims against a grain dealer that had acquired the corn, allowed it to deteriorate, and then marketed it throughout North America in bags bearing our client’s trademark
  • Represented a multi-billion-dollar semiconductor company in changing its corporate name and identity around the world by conducting a global trademark and corporate name clearance search
  • Represented a foreign corporation in developing a U.S. plan for copyright and trademark protection for its product lines and marketing efforts
  • Helped a technology start-up company manage its trademark portfolio, prepare marketing materials to maximize mark protection, and plan its foreign trademark portfolio for maximum effectiveness and minimum cost
  • Represented a major soft-drink company in a trademark-infringement action against an unauthorized distributor of its products
  • Represented a domestic client in developing a foreign trademark portfolio, including mark prosecution in more than 15 countries
  • Represented a golf-course owner in the narrative use of trademarks