Latham’s trademark lawyers have vast experience helping companies protect valuable goodwill built up in their brands, and handling a wide variety of trademark disputes, including those related to:
- Trademark infringement/unfair competition
- False advertising
- Online infringement
- Cybersquatting and domain name issues
- Merchandising and licensing disputes
- Trade dress infringement
- Trademark Trial and Appeal Board Practice
- Border-seizure procedures
The firm’s trademark lawyers litigate, arbitrate and mediate trademark infringement, unfair competition, false advertising, cybersquatting, and breach of contract claims involving trademarks and/or trade dress issues.
Latham’s team has extensive experience prosecuting trademark applications and maintaining and policing trademark portfolios throughout the world. The team also routinely prepares a wide range of trademark-related contracts, including licenses, co-existence agreements and settlement agreements.
False and Misleading Advertising
The firm represents clients in a wide variety of matters before the courts, regulatory agencies and review boards, such as the National Advertising Division, involving claims of false advertising, deceptive packaging and similar issues. Latham lawyers have handled false advertising claims under the Lanham Act, as well as state law false advertising statutes, such as California Business & Professions Code § 17500. Latham's team provides review and recommendation services to its clients regarding proposed advertising claims, to help minimize the risk of a false advertising claim, as well as assistance with claim substantiation and documentation.
Worldwide Prosecution and Portfolio Management
With the firm’s global presence, Latham lawyers are able to step in and immediately manage a client's worldwide trademark portfolio through the entire prosecution process, including clearances, filing oppositions, maintenance, monitoring, and enforcement. Latham’s US and European offices handle trademark prosecution and litigation work for a large number of national and international clients in the retail, manufacturing, financial services and technology sectors.
Unfair Business Practices
Latham lawyers have handled actions involving various US federal and state false advertising, unfair competition, unfair business practices, and consumer protection claims including claims under the Lanham Act, California's Consumer Legal Remedies Act, New York’s unfair competition laws, and California's controversial Unfair Competition Act, Business & Professions Code § 17200. These have included class actions, attorney general and district attorney prosecutions, and representative claims brought by private attorneys general.
The firm has been called upon to confront California’s Unfair Competition Act in connection with a variety of substantive legal areas, including environmental, healthcare, employment and labor, securities, products liability and food labeling.