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Trademark Litigation

Your intellectual property may be your most important asset.  It is often the product of years of investment and hard work. LPCH wants to help you protect and guard it from those who copy or misappropriate it.

Your business may also be threatened by other entities who allege infringement of their supposed intellectual property rights. LPCH wants to help defend you against such attacks.

The IP practice at LPCH is different from many of the specialty firms because we are trial lawyers who handle all types of complex civil litigation. We understand how to present complicated ideas to judges and juries in a clear, persuasive manner. Indeed, that is our greatest skill as trial lawyers.

At the beginning of each case, we focus on the critical issues and the best path to an early victory by identifying key pressure points, and we work to develop case strategies early. As a result, we help our clients gain the leverage they need to resolve these cases on their terms.

Our clients return to us because we win while still staffing our cases leanly and efficiently. We also undertake IP litigation on a fixed or contingent fee basis, where warranted, to better serve our clients’ needs.

In addition to intellectual property litigation, our lawyers offer skill and experience at all stages of litigation:

  • Analysis of claims, defenses, recoverable damages, and available remedies
  • Identification of legal trends and pending appeals that could impact the case
  • Protections of privileges in discovery and original proceedings on discovery orders
  • Mandamus proceedings and interlocutory appeals, especially about arbitrability
  • Prosecution, defense and appeals of sanctions
  • Preparation of critical motions and briefs
  • Oral advocacy of critical motions and briefs
  • Removals and remands
  • Evidentiary motions
  • Trial monitoring, support and participation
  • Jury instructions
  • Post-trial motions

EXPERIENCE HIGHLIGHTS

LPCH represented Mary Kay Inc. in a battle over the use of the trademark “MK”. Mary Kay sought to enforce a contractual agreement regarding to the use of the initials “MK” on cosmetics and cosmetic products. Mary Kay alleged that Michael Kors breached the agreement by using the letters “MK” on certain cosmetic products jointly marketed with Estee Lauder Inc.

LPCH was lead trial counsel for Mastronardi Produce (d/b/a Sunset Produce) and Worldwide Plastics in trademark and design patent litigation brought by NatureSweet in federal court in Dallas. This trademark infringement and design patent case involved two of the largest tomato growers and distributors in North America. This case also involved unsettled law found at the intersection of trademark, trade dress, and design patent infringement law.