TRADEMARK LITIGATION
OVERVIEW
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Trademark Litigation & Brand Protection
Peck Baxter represents businesses, entrepreneurs, and brand owners in sophisticated trademark and brand-related disputes. Our attorneys prosecute and defend claims involving trademark infringement, trade dress, unfair competition, false designation of origin, counterfeiting, cybersquatting, and other violations of the Lanham Act and related state laws.
Our approach combines intellectual property experience with substantial commercial litigation and trial experience. We understand that trademark disputes rarely concern a mark alone—they can affect a company’s reputation, market position, customer relationships, and the long-term value of its brand. We develop litigation strategies with those broader business considerations in mind.
Peck Baxter represents clients in federal trademark litigation and proceedings before the U.S. Patent and Trademark Office and Trademark Trial and Appeal Board (TTAB), including opposition and cancellation proceedings. From cease-and-desist demands and early dispute resolution through temporary restraining orders, preliminary injunctions, discovery, trial, and appeal, we provide strategic and aggressive advocacy designed to protect our clients’ brands and business interests.
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Peck Baxter represents both plaintiffs and defendants in federal trademark litigation involving infringement, unfair competition, false designation of origin, dilution, and related Lanham Act claims.
Trademark disputes can move quickly, particularly where ongoing infringement threatens a brand’s reputation or market position. Our litigators are prepared to pursue or defend against emergency relief, including temporary restraining orders and preliminary injunctions, while developing a litigation strategy focused on the client’s broader commercial objectives.
We also represent clients in trademark opposition and cancellation proceedings before the TTAB and advise businesses regarding disputes involving competing registrations, priority of use, likelihood of confusion, and challenges to trademark rights.Description text goes here
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Effective trademark protection requires more than obtaining a federal registration. Peck Baxter works with clients to identify unauthorized uses of their trademarks and develop enforcement strategies proportionate to the nature and seriousness of the infringement.
Our attorneys assist with infringement investigations, cease-and-desist demands, negotiated resolutions, marketplace enforcement, litigation, and other measures intended to stop unauthorized use and preserve the strength of valuable trademark rights.
For businesses facing counterfeit or intentionally imitative products, we help develop coordinated enforcement strategies designed to address immediate infringement while protecting the long-term integrity of the brand.Description text goes here
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A company's name, reputation, and brand identity can be among its most valuable assets. Peck Baxter counsels businesses on strategies to protect those assets throughout the lifecycle of a brand—from trademark clearance and registration through monitoring, licensing, enforcement, and litigation.
Our attorneys work closely with clients to identify potential threats, evaluate enforcement options, and determine when litigation is warranted. Because overly aggressive enforcement can sometimes create its own business and reputational risks, we approach brand protection strategically, with an understanding of both the legal rights at issue and the commercial realities surrounding the dispute.
When litigation becomes necessary, Peck Baxter is prepared to pursue or defend trademark rights through trial and appeal.Item description
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Trademark protection can extend beyond a company’s name or logo. Trade dress law may protect the distinctive appearance, packaging, configuration, or presentation of products and services when those features function as indicators of source.
Peck Baxter represents clients in trade dress and unfair competition disputes involving allegations that a competitor has copied or imitated distinctive product packaging, presentation, or other protectable elements of a brand.
These disputes can be particularly significant in industries where packaging and visual identity strongly influence purchasing decisions, including food and beverage, consumer products, retail, technology, and other highly competitive markets. We help clients evaluate protectability, likelihood of confusion, functionality, secondary meaning, and other issues central to trade dress claims and defenses.Item description
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Protecting trademarks increasingly requires protecting them online. Domain names, websites, social media, online marketplaces, and digital advertising can create new opportunities for infringement, impersonation, and consumer confusion.
Peck Baxter advises clients regarding cybersquatting and domain-name disputes, including claims under the federal Anti-Cybersquatting Consumer Protection Act (ACPA) and proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP).
We also assist businesses confronting unauthorized online uses of their trademarks, misleading digital advertising, impersonation, and other conduct that threatens the integrity of their brands in the digital marketplace.
Our objective is straightforward: protect the trademarks, reputation, and goodwill our clients have worked to build, and provide experienced litigation counsel when those rights are challenged.Item description
EXPERIENCE
Canyon View Landscaping; action in U.S. District Court (Utah) defending against trademark infringement and unfair competition claims from a competitor. Our defense of the case led to a favorable settlement.
Mob Fashion Boutique; in defense of a TTAB action regarding opposition to Mob’s trademark for ROGUE SOCIETY.
One World Lantern Festival; action in U.S. District Court (Utah) alleging trademark infringement, unfair competition, false advertising, and digital search-seeding/domain tactics against former employees who created a competing enterprise. Our prosecution of the case led to a favorable settlement.
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RELATED News & INSIGHTS
INSIGHTS
Beyond Registration: The Changing Landscape of Trademark Registration
NEWS
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