Unfair Competition & IP Issues
Lopez, Bark & Schulz LLP provides legal advice and solutions for unfair competition and certain intellectual property (IP) issues. We represent established clients in protecting longstanding rights, and also innovative creators that need legal strategies to fuel their creations. To serve these clients, we have an integrated practice that represents clients throughout the initial stages of protecting trademark and copyright assets against infringement, counseling on IP transactions, and where necessary, aggressive and effective litigation.
LBS attorneys routinely handle unfair competition, trademark, trade dress, copyright, trade secret, false advertising, antitrust, gray market, and licensing issues. Our experience spans diverse fields, including the technology, media and entertainment, apparel, and food and beverage industries. Additionally, our firm provides the unique advantage of having not only a broad practice in these areas, but also experience practicing at the highest levels of insurance coverage counseling and litigation. This experience is often invaluable in maximizing value for our clients, engaging insurance to assist in the defense of claims, and facilitating settlement.
Examples of our firm’s recent experience include:
• Successfully prosecuting trade secret and unfair competition claims on behalf of developer of a proprietary food recipe; also successfully defending the same company against cross-claims alleging tortious interference and unfair competition.
• Winning complete defense judgment for a food company accused of antitrust and competition violations, where the plaintiff alleged claims seeking millions of dollars.
• Defending clothing company against trade dress, trademark, and unfair competition claims to a successful resolution by settlement. In a related case, we won summary judgment for our client against its insurer for breach of the duty to defend the client in the intellectual property litigation.
• Representing numerous innovative companies against claims of trademark infringement and unfair competition at all stages of litigation.
• Routinely advising clients regarding scope of intellectual property rights, and assisting in protecting same, including preparing and filing trademark applications with the United States Patent and Trademark Office, performing comprehensive trademark searches, and successfully responding to Office Actions. Our experience also includes prosecuting and defending actions before the Trademark Trial and Appeal Board, including Oppositions and Cancellations.
• Resolving numerous trademark, trade dress, and other intellectual property negotiations via licensing and/or settlement agreements.