Intellectual Property Litigation

Trademark Counseling + Litigation

Farella offers clients creative strategies for defending against and prosecuting trademark and trade dress infringement actions as well as counsel clients on the selection of brands and protection and registration of corresponding trademarks, whether at the state, federal or international level.

We regularly draw upon our extensive knowledge of both federal and state laws governing this field to provide comprehensive advice and litigation assistance to clients. Our clients seek Lanham Act and branding assistance that extends into the Internet and domain names and the federal Anticybersquatting Consumer Protection Act.  Our United States Patent and Trademark Office (PTO) practice is regularly leveraged in these efforts.

We also counsel clients on the selection of brands and protection and registration of corresponding trademarks, whether at the state, federal or international level. Our clients range from smaller, dynamic players in the emerging growth, entertainment and wine industries to publicly traded, well-known major corporate names in the high-tech community to food and beverage companies and even professional sports franchises.

Firm Highlights

Publication

hiQ’s Groundbreaking Injunction Against LinkedIn Reaffirmed: Scraping of Publicly Available Data Likely Does Not Violate CFAA

The U.S. Court of Appeals for the Ninth Circuit has affirmed its prior decision , holding that LinkedIn could not block hiQ, a scraping entity, from scraping public LinkedIn profiles. The court found it was...

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Publication

Summary of Latest Federal Action Regarding PFAS

A few considerations practitioners should keep in mind when dealing with contamination involving per- and polyfluoroalkyl substances (PFAS) contamination. The PFAS Action Act of 2021 passed in the House and was received in the...

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Event

The 15th Annual Santa Fe Advanced Conference on Litigating Natural Resource Damages

Jim Colopy is a speaker at the 15th Annual Santa Fe Advanced Conference on Natural Resource Damages on the panel addressing "Federal Jurisdiction: Waters of the United States.” 

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News

Legal Experts Say Opioid Coverage Disputes Far From Over

Shanti Eagle was quoted in Law360 's article "Legal Experts Say Opioid Coverage Disputes Far From Over."  Read the article here (subscription required).

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Publication

Section 230 Immunity Won’t Protect You: State and Federal Lawmakers Take Aim at Social Media Companies With Proposed Legislation Creating Affirmative Duties to Act to Prevent Harm to Users

Three new bills, one introduced in the California Assembly and two in the US Senate, are taking aim at online social media platforms. If adopted, these bills would significantly alter existing duties to prevent...

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News

2022 Cannabis Insurance Market Update

Tyler Gerking was quoted in  PropertyCasualty360 's article "2022 Cannabis Insurance Market Update."  Read the full article here (subscription required). Watch the webinar "Cyber Insurance for the Cannabis Industry" here .

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Publication

Election Year Issues for Private Foundations and Public Charities (Webinar)

Cynthia Rowland discusses Nonprofit Education Series on "Election Year Issues for Private Foundations and Public Charities." Public and private foundations may support nonpartisan election-related activities, but only in limited ways and amounts. Join our interactive live...

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Publication

Illinois Courts Largely Favor Coverage for BIPA Cases Under CGL Policies

Since Illinois passed its Biometric Information Privacy Act (BIPA) in 2008, there has been a proliferation of class action lawsuits filed pursuant to the statute. BIPA generally bars private entities from collecting, capturing, purchasing...

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News

Farella Braun + Martel Named Among 2022 Best Places to Work

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News

LinkedIn Loses Data Appeal

Erik Olson was quoted in the article "LinkedIn Loses Data Appeal" in CDR Magazine . In the article, Erik said: We are pleased to see that the Ninth Circuit has again affirmed, in light...

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