Trademark, Advertising, & Unfair Competition

At Carlson Caspers, our Trademark, Advertising, & Unfair Competition practice protects what makes your business unique—its reputation, brand identity, and competitive edge. We provide comprehensive legal support to establish, safeguard, and defend intellectual property while ensuring fairness in the marketplace.

With decades of experience, technical expertise, and a client-focused approach, we deliver tailored strategies for trademark and trade dress protection, resolve disputes efficiently and precisely, and guide businesses through the complexities of advertising and competition laws. Whether managing global trademark portfolios or litigating high-stakes cases, we partner with our clients to navigate challenges, protect their assets, and promote their success.

Intellectual properties are strategic assets that drive revenue, deter competition, and attract investment. Trademarks, copyrights, trade dress, and branded communications might appear less important than other IP assets. However, these elements directly impact your company’s appearance, reputation, and credibility. Protecting these “softer” assets is as important as others in your portfolio, especially as digital assets become more common.

From pharmaceuticals to software, we help companies in complex industries protect their trademarks and challenge competitors’ claims using deep technical expertise and innovative approaches. With decades of experience, we have become trusted advisors to many companies across the following sectors:

• Mechanical
• Medical Devices
• Pharmaceuticals, Biosimilars, and Nutraceuticals
• Polymers, Chemicals, and Compositions
• Software
• Telecommunications, Wireless, and the Internet of Things

No matter your field, we will craft highly effective trademark, advertising, and unfair competition strategies that protect your IP assets and reputation while positioning your business for success.

We understand the importance of establishing, maintaining and protecting our clients’ integrity in the marketplace. We routinely counsel and develop policies and strategies to develop and defend our clients’ trademark and trade dress rights—oftentimes one of a company’s most valuable assets—and are well experienced enforcing those strategies in litigation before both administrative tribunals and federal courts. As most of the attorneys within our ranks possess technical backgrounds and significant experience litigating scientific disputes, we are also uniquely qualified to analyze and pursue claims for trademark infringement, false advertising and unfair competition. Our attorneys have litigated trademark, service mark, trade dress, false advertising and unfair competition claims, including Internet-based issues such as website and domain name disputes and social media, throughout the country.

We have represented Fortune 500 companies, midsize companies, and small, emerging high-tech companies and have had success enforcing our clients’ trademark and trade dress rights through negotiation and diplomacy. Where litigation is necessary, we litigate to win in court, at the ITC, the Trademark Trial and Appeal Board, through UDRP and NAD/NARB proceedings, and arbitration. We also help clients with portfolio management, guiding our clients through business transactions involving IP portfolios and individual IP elements, including trademarks.

Creativity and adaptability are at the core of our practice. Your business goals and industry are unique, and our attorneys excel at crafting solutions that deliver measurable results. From developing proactive trademark protection, enforcement of infringements, or implementing plans to eliminate unfair competition, we focus on aligning legal strategies with your business objectives.

At Carlson Caspers, we work as an extension of your team, collaborating closely with your in-house counsel and subject-matter experts to craft tailored and effective strategies.

We emphasize prevention and early resolution, using insights from years of experience to craft proactive measures that protect your corporate identity, reputation, and competitive position before issues arise. When disputes occur, we act swiftly, focusing on effective and efficient results and solutions outside the courtroom.

We also understand the pressures of managing resources. By balancing thorough preparation with efficient execution, we reduce financial and operational burdens, ensuring your team can focus on innovation while we safeguard your IP assets.

Carlson Caspers has a proven track record of success in this practice area, demonstrating its ability to protect clients’ intellectual property rights and achieve favorable outcomes in high-stakes cases. While many trademark and competition cases remain confidential, the firm’s broader accomplishments in intellectual property litigation highlight its expertise and strategic approach. Notable examples include:

• ADC Telecommunications, Inc.: We orchestrated the sale of a wireless OFDM patent portfolio to HTC Corporation for $75 million. Our team developed a comprehensive strategy, including over 50 accelerated filings and reissue applications, to enhance the portfolio’s value before the transaction.
• Exmark Manufacturing Co. (a division of The Toro Company): Our firm secured a $34.72 million judgment in a patent infringement case against Briggs & Stratton Corporation, affirming the value and enforceability of our client’s intellectual property.

These examples highlight our commitment to maximizing the potential of your intellectual property, image, and reputation through strategic, business-focused solutions.