Trademark and Trade Dress Litigation

Schiff Hardin has substantial experience in protecting the trademarks, service marks and trade dress of our commercial clients. We routinely obtain preliminary injunctions to protect their marks and the traveling public from the unauthorized use of their marks by former franchisees or unauthorized franchisees.

We have successfully protected a consumer products company's trademarked goods in a series of infringement actions against a wholesale club and other manufacturers of beverage tumblers and containers.

We have litigated successfully in defense of the rights of our celebrity clients in multiple trademark infringement and appropriation disputes regarding their names and likeness.

We have advised and represented professional sports leagues in connection with trademark and counterfeiting issues as well, and protected trademarks for athletic merchandise.

We have won federal decisions against prolific counterfeiting operations, and coordinated a raid by Chinese officials against the counterfeiter's operation in China, seizing the counterfeiter's inventory. Working with the U.S. Customs Service and international authorities, we have protected a number of other marks, by such means as seizure of product and other solutions for grey market issues.

International Trade Commission Proceedings

Situations often arise where the owner of a U.S. patent finds itself being damaged by the importation of goods from outside the United States. This frequently occurs from more than one source or from a foreign source that is elusive (i.e., folds and reestablishes business, moves frequently, etc.) or over which it is perceived necessary to exercise far-flung jurisdiction. In such cases a proceeding before the International Trade Commission (ITC) may be in order.

The ITC law enforcing intellectual property rights has as its fundamental purpose the protection of United States industry against unfair methods of competition and unfair acts in the importation of goods into the United States. Schiff Hardin has broad experience in handling such cases. Two of our lawyers are former Directors of the ITC Trial Lawyers Association, based in Washington D.C.