DLA Piper

Protecting and enforcing your brand

Protecting your IP in a competitive global marketplace requires a proactive and strategic approach. Our 120+ trademark professionals help some of the world’s leading companies enforce their rights and fend off third party claims. We’re recognized for achieving successful outcomes in significant cases. We monitor the legal and industry landscape to mitigate risk and safeguard your assets.

As your business evolves, it’s critical to protect and enforce your trademarks and copyrights.

We achieve success in significant trademark and copyright litigation matters for entrepreneurial and leading global companies, including some of the most innovative businesses in the world.

Our trial lawyers are among the best in the business, routinely recognized for their expertise in trademark, trade dress, and unfair competition cases. And because they’re based in offices around the world, our lawyers are able to seamlessly coordinate defensive and enforcement activities across jurisdictions.

We’ll help you with all aspects of trademark and copyright disputes, whether at administrative or judicial level. We represent our clients as both claimants and respondents in IP disputes, so we’re adept at creating the appropriate strategy and anticipating our adversaries’ next moves. We work with some of the best-known brands in the world to protect their assets globally, but also help emerging companies develop go-to-market strategies and avoid litigation as they create new brands.

“The firm knows all about the business of brands and how to efficiently and effectively serve multinationals with worldwide trademark protection and enforcement needs.”

World Trademark Review 1000 2021

Clients value our strategic, future-focused guidance. Whether you want to invest in non-fungible tokens, avoid false advertising claims, or assert the value of your trade dress and unconventional trademarks, we can advise on potential IP issues. We scan the horizon and provide training to ensure you’re up to date on copyright and trademark law and can minimize infringement risks.

We’ll help you reduce the likelihood of disputes, build a strong litigation case if the need arises, and protect your brand worldwide.

Awards and recognition

Experience

Nike, Inc. v. StockX LLC (SDNY): Representing Nike in trademark infringement and dilution claims against StockX over sales of unauthorized Nike-branded NFTs as well as false advertising and counterfeiting claims over sale of fake Nike shoes.
Dr. Seuss Enterprises v. ComicMix LLC et al (9th Circuit): Obtained precedential reversal for Dr. Seuss Enterprises in copyright appeal relating to infringement of iconic Seuss works, including Oh The Places You'll Go, followed by consent judgment and permanent injunction on remand.
Chicago Mercantile Exchange v. Intercontinental Exchange (N.D. IL): Defended Intercontinental Exchange (owner of the New York Stock Exchange) in a trademark infringement lawsuit filed by competitor seeking over USD1 billion in damages; trial conducted under pandemic circumstances, including completing a month-long hybrid remote and live trial.
Leonard v. Nike, Inc. Our team obtained a significant victory on behalf of NIKE, Inc. in a high-profile copyright dispute involving an artistic hand image filed by the National Basketball Association’s (NBA) 2019 MVP, Kawhi Leonard. During the NBA playoffs in June 2019, Leonard filed a federal litigation in San Diego asserting ownership over a logo that was borne out of his 2011-18 endorsement relationship with NIKE. Leonard also accused NIKE of fraud on the US Copyright Office because NIKE registered the design in 2017. The contested logo is a stylized hand incorporating Leonard’s initials “K” and “L” with his number “2” (Klaw Logo), which Leonard claimed to own based on an idea he allegedly conceived before the parties’ contract. After NIKE successfully transferred the case to the District of Oregon, on April 22, the Oregon court held oral argument on NIKE’s Rule 12(c) motion for judgment on the pleadings. Following an hour-long telephonic argument, the court ruled from the bench granting NIKE’s motion, declaring NIKE the exclusive owner of the Klaw Logo as a matter of law. On May 18, 2020, the court rendered the rest of the decision on our motion for judgment on the pleadings (court previously ruled from the bench in our favor on the ownership issue). The court granted judgment on the pleadings on our breach of the forum provision since Kawhi filed in Los Angeles instead of Portland and allowed us to pursue our legal fees for filing the motion to transfer, as liability had been determined.
AVELA v. The Estate of Marilyn Monroe On the eve of trial in March 2020, we settled a long running litigation for the Estate of Marilyn Monroe in a high-profile trademark infringement and false endorsement litigation that was pending in the Southern District of New York. The all-women trial team had filed several motions in limine and were set to begin trial on a single open issue of confusion following a win for the Estate on a “bet the company” summary judgment motion finding that The Estate, ultimately owned by Authentic Brands Group, has the right to assert ownership of Marilyn Monroe-related intellectual property against infringers, despite the fact that Marilyn Monroe passed away in New York and thus has no post-mortem publicity rights.
GOLO, LLC v. Goli Nutrition Inc. Successfully secured a “bet the company” win for Goli Nutrition by defeating a motion for a preliminary injunction that sought to remove our client’s sole product at the time, Goli Gummies, from the market. After oral argument on August 14, 2020, Judge Andrews denied GOLO’s motion. Judge Andrews not only found that the plaintiff had failed to meet its burden on demonstrating irreparable harm, but also ruled that the plaintiff failed to establish a likelihood of success on the merits. With regard to the latter, Judge Andrews examined every factor of the Third Circuit’s Lapp test (i.e., similarity of the marks, intent in adopting the market, similarity of goods, targeted consumers) and found against GOLO in each instance. Importantly, the Court sided with Goli that GOLO’s “mountain of confusion” – 155 instances of consumers reaching out to it instead of Goli – was de minimis and did not support a finding of likelihood of confusion.
Represented Home Depot in connection with claims for copyright infringement brought by plaintiff tile manufacturer, claiming that the faux-marble tile sold by the company infringes its exclusive rights in its own faux-marble designs. This case is important not only because of the immense volume of sales realized by Home Depot, but also because it is one of the first, if not the first litigation filed in the Eleventh Circuit following the appellate court’s decision in Home Legend v. Mannington Mills relating to the scope of copyright protection of designs that are intended to replicate nature. Case settled favorably.
Represented Car Wash Partners d/b/a “Mister Car Wash,” a Leonard Green & Partners property and the largest car wash chain in the country, and its CEO in a victory in a trademark infringement litigation filed in Maryland federal court by the owner of the “Mr. Wash Car Wash” chain local to the DC Metro Area. Obtained summary judgment on behalf of defendant on all of plaintiff’s trademark and unfair competition claims.