Orlando, Florida - 407-926-7700
Manassas, Virginia - 703-831-4094
Melbourne, Florida - 321-209-3055

Litigation

With continued changes in the law instituted by judicial decisions or through legislation, the need to work with intellectual property law attorneys who stay abreast of such changes is important. As technology advances in all aspects of life, it is exceedingly important for individuals and business owners to work with IP litigation attorneys who are aware of and understand the advances. Our litigation attorney team at BWSM makes it a point to remain aware of advances in both technology and the law as they represent and advise clients who are or might become involved in a lawsuit, arbitration, mediation or appeal as a result of disputes relating to all areas of intellectual property law.

Such representation includes advising clients on how best to protect, enforce and defend their intellectual property rights. Our litigation attorneys have tried cases all across the U.S. in Federal District Courts and Appellate Courts. However, our attorneys do not litigate simply for the sake of litigating. We make it a point to provide our clients with options that best suit their business objectives prior to and during the course of litigation.

Our BWSM litigation attorneys have handled a variety of patent infringement cases involving mechanical, electrical, chemical and software patents, copyright cases involving architectural floor plans, works of art and other works, trademark cases involving trademark infringement, dilution, unfair competition and cybersquatting, trade secret cases, and trade dress cases. A representative sample of the types of claims the BWSM litigation attorneys have handled include, but are not limited to:
  • utility patent infringement;
  • design patent infringement;
  • trademark infringement (under the Lanham Act);
  • trademark infringement (under Fla. Stat. §495.131 et. seq.)
  • trademark dilution;
  • unfair competition;
  • false advertising;
  • trade dress infringement;
  • copyright infringement under U.S. law;
  • copyright infringement under the Berne Convention;
  • claims under the Digital Millennium Copyright Act (“DMCA”);
  • claims under the Computer Fraud and Abuse Act (“CFAA”);
  • misappropriation of trade secrets;
  • cybersquatting (under the Anticybersquatting Consumer Protection Act);
  • domain name dispute (under the Uniform Domain Name Dispute Resolution Policy (UDRP));
  • other Internet-based disputes;
  • breaches of contract( including non-compete and confidentiality agreements);
  • tortious interference with advantageous business relationship;
  • misappropriation of name, image or likeness;
  • false endorsement;
  • breach of contract;
  • breach of license agreement;
  • unfair and deceptive trade practices;
  • proceedings before the Trademark Trial and Appeal Board (“TTAB”);
  • proceedings before the Patent Trademark and Appeal Board (“PTAB”);
  • arbitration proceedings; and
  • counterfeit goods.
Our litigation attorneys are also experienced with representing clients involved in complex business litigation, contract disputes and commercial matters.

Appellate Practice
The BWSM litigation attorney team also handles appellate work, either representing clients starting with the initial court action through appeal or representing clients who have sought us out just to handle an appeal. Our litigation attorneys have appellate practice experience representing clients before 11th Circuit Court of Appeals and the Federal Circuit Court of Appeals

Client’s Financial Interest
As with our other areas of practice, where we are conscious of the cost for legal representation, we are able to negotiate settlements and seek other favorable remedies for our clients in an attempt to avoid costly and lengthy litigation. In fact, in litigation, we make it a point to continuously remind our clients of less expensive options throughout the course of our representation. Though the cost of litigation can be uncertain, the BWSM litigation attorney team attempts to provide each client a reasonable expectation of the cost of litigation initially and as the case advances.