Trademarks

Our trademark practice group includes attorneys and specially trained trademark administrators having extensive experience in all aspects of trademark law, including searching and clearance of trademarks; prosecuting trademark applications; litigating and trying trademark, trade dress, unfair competition and dilution matters in state and federal courts; temporary restraining orders and seizures of unauthorized merchandise; and coordinating trademark oppositions and cancellations worldwide.

We have both a sophisticated docketing system and the experienced support staff necessary to maintain comprehensive trademark protection. We regularly monitor the United States Patent and Trademark Office's Official Gazette, notify our clients of the publication of potentially conflicting trademarks and will oppose them if authorized. We also monitor the Internet and popular press for unauthorized uses of a client's trademark and can arrange for monitoring the publication of trademarks worldwide. Fitzpatrick oversees management of worldwide trademark portfolios, develops branding strategies to meet client goals and coordinates trademark opposition and cancellation disputes on a global basis, working closely with leading trademark practitioners around the world.

Related Information

Representative Cases

The Dreyfus Corporation and MBSC Securities Corporation National Arbitration Forum, 2009

Advance Magazine Publishers, Inc., d/b/a The Conde Nast Publications, Bacardi & Co., Ltd., Sidney Frank Importing Company, and EventQuest, LLC v. Jay Norris, Norris/Nelson Entertainment, Inc. and Tastemakers Media, LLC S.D.N.Y. 2008

Schaeffler KG v. Brastates Bearings Industries, et al. S.D.Fl., 2008

Kargo Global, Inc. v. Advance Magazine Publishers, Inc. S.D.N.Y. 2007

Phillips-Van Heusen Corp., Calvin Klein, Inc., and Calvin Klein Trademark Trust v. Calvin Clothing Company, Inc. and Star Ride Kids, Inc. S.D.N.Y. 2006

The Bear Partnership and Wings Research and Development, S.r.L. v. Bear U.S.A., Inc. Trademark Trial and Appeal Board 2004

Tanning Research Laboratories, Inc. v. Johnson & Johnson Trademark Trial and Appeal Board 2004

Federation Internationale de Football Association v. Nike Inc. D.C.C. 2003

Mars, Incorporated v. Triunfo-Mex, Incorporated, et al. E.D.N.Y. 2003

Masterfoods USA v. Arcor USA, Inc. W.D.N.Y. 2002

Nabisco v. Warner-Lambert Co. 2d Cir. 2000

Advance Magazine Publisher’s, Inc. d/b/a/The Conde Nast Publications, Inc. v. Vogue Int’l, Inc. D.N.J. 2000

Bear U.S.A., Inc. v. William Kim, et al. S.D.N.Y. 1999

Brandwynne v. Combe International S.D.N.Y. 1999

Hershey Foods Corp. v. Mars, Incorporated M.D.Pa 1998

Publications

Fitzpatrick's Trademark Law and Practice Update Volume 4, Issue 1
May 19, 2010

Year in Review IAM Magazine Brands in the Boardroom
May 2010

e-Bay's Online Sales Do Not Infringe TIFFANY Trademark Fitzpatrick Case Update
April 2, 2010

TTAB's COLD WAR MUSEUM cancellation decision reversed World Trademark Review Daily
December 4, 2009

Fitzpatrick, Cella, Harper & Scinto’s U.S. Trademark Law and Practice Update Volume 3, Issue 2
December 2, 2009

Private lives and publicity rights World Trademark Review
October/November 2009

Pepsi fails to derail launch of Coca-Cola’s reformulated sports drink World Trademark News Daily
October 1, 2009

Removal of UPCs constitutes trademark infringement, says Second Circuit World Trademark Review Daily
July 8, 2009

Make your IP work harder for you IP Review
Summer 2009

Fitzpatrick, Cella, Harper & Scinto’s U.S. Trademark Law and Practice Update Volume 3, Issue 1
May 14, 2009

Avoiding fraud in the prosecution and maintenance of US trademarks Intellectual Asset Management's Brands in the Boardroom
April 2009

Google dealt blow in keyword case World Trademark Review Daily
April 17, 2009

Five Ways to Improve Your Company's Bottom Line Through Proactive Intellectual Property Management SGMA
February 12, 2009

Infringement - Burden to Police Must Be Bourne By Trademark Owner World Intellectual Property Digest 2008
December 2008

Metatag use leads to award of profits and attorneys' fees World Trademark Law Report
November 21, 2008

Fitzpatrick, Cella, Harper & Scinto’s U.S. Trademark Law and Practice Update Volume 2, Issue 3
November 11, 2008

Fitzpatrick, Cella, Harper & Scinto’s U.S. Trademark Law and Practice Update Volume 2 Issue 2
May 14, 2008

Last Best Beef, L.L.C. v. Dudas World Trademark Law Report
November 3, 2006

Clearing a Trademark for Use General Counsel New York
May 9, 2005

An International Look At Ambush Marketing The Trademark Reporter
November-December, 2005

International Trademark Registration: The Madrid Protocol Takes Effect in the U.S. 2003:The Year in Review Findlaw Corporate Counsel Center
December 2003

IP for the Hi-Tech Industry Building and Enforcing Intellectual Property Value: An International Guide for the Boardroom 2003
June 2003

Supreme Court Tightens Trademark Law Managing Intellectual Property
May 2003

Events

A Global Problem: Protecting Trademarks Online Managing Intellectual Property
December 2, 2009

Challenging Times: Intellectual Property Assets and Bankruptcy Fall Meeting of the New York State Bar Association's Intellectual Property Section
October 16, 2009

Protecting Your Properties and How to Stop Infringements Licensing International Networking Conference
October 5-7, 2005

From Outdated to Updated International Trademark Association's 127th Annual Meeting
May 14-18, 2005

Creating Rights in Product Packaging NIAF Institute of International Law: International Legal Conference
May 10-11, 2005

Fitzpatrick Co-Hosts Saul Lefkowitz Moot Court CompetitionFebruary 19, 2005

Advanced Issues In Trademark Licensing International Trademark Association's 126th Annual Meeting
May 1-5, 2004

Practical Guide to U.S. Implementation of the Madrid Protocol DC Bar CLE Program
October 28, 2003

INTA's 125th Annual MeetingMay 3-7, 2003

Enforcement and Infringement Litigation INTA Practice Forum
February 27, 2003

Exploring the Need for Harmonization of Law: Impending Impact of Globalization 2001 ABA Annual Meeting
August 4, 2001

In The News

Fitzpatrick Listed as a Band 1 Intellectual Property Firm in Chambers USA 2010 Chambers USA
June, 2010

Fitzpatrick, Cella, Harper & Scinto Named the 2010 “Best US IP Law Firm” International Legal Alliance Summit and Awards
June 8, 2010

ACQ Law Awards ACQ Finance Magazine
November 2009

Seven Fitzpatrick Lawyers Listed as Best IP Lawyers in America 2010 Best Lawyers in America 2010
October 2009

Nine Fitzpatrick Partners Named As Top New York Intellectual Property Litigators in the 2009 issue of Super Lawyers: New York Metro Edition Super Lawyers: New York Metro Edition
October 2009

Fitzpatrick Listed as a Band 1 Intellectual Property Firm in Chambers USA 2009 Chambers USA 2009
June 2009

Fitzpatrick Named as Leading New York Firm Practical Law Company's Which Lawyer? Yearbook
April 2009

Managing Intellectual Property North American IP Awards Managing Intellectual Property
March 30, 2009

Fitzpatrick Ranked in Top Five in IP Today's Annual Survey Intellectual Property Today
March 2009

Fitzpatrick Listed as a Tier 1 Intellectual Property Firm in Chambers Global 2009 Chambers Global 2009
January 2009

Seven Fitzpatrick Lawyers Listed as Best IP Lawyers in America 2009 Best Lawyers in America 2009
October 2008

Nine Fitzpatrick Partners Named As Top New York Intellectual Property Litigators in the 2008 issue of Super Lawyers: New York Metro Edition Super Lawyers: New York Metro Edition 2008
October 2008

Three Fitzpatrick Lawyers Named World's Leading Trade Mark Law Practitioners Guide to the World's Leading Trade Mark Law Practitioners
2008

Fitzpatrick Ranked in Top Five in IP Today's Annual Survey Intellectual Property Today
March 2008

Fitzpatrick Listed as a Tier 1 Intellectual Property Firm in Chambers Global 2008 Chambers Global 2008
January 2008

Seven Fitzpatrick Lawyers Listed as Best IP Lawyers in America 2008 Best Lawyers in America 2008
October 2007

Nine Fitzpatrick Partners Named As Top New York Intellectual Property Litigators in the 2007 issue of Super Lawyers: New York Metro Edition Super Lawyers: New York Metro Edition 2007
September 2007

Fitzpatrick Attorneys Featured in New York Magazine Profile New York Magazine
July 2-9, 2007

Fitzpatrick Named as Leading New York Firm PLC Which Lawyer Yearbook 2007
May 2007

Fitzpatrick Listed as Tier 1 Intellectual Property Firm in Chambers Global 2007 Chambers Global 2007
January 2007

Seven Fitzpatrick Lawyers Listed as Best IP Lawyers in America 2007 Best Lawyers in America 2007
October 2006

Two Fitzpatrick Lawyers Named World's Leading Trade Mark Law Practitioners 2006 Guide to the World's Leading Trade Mark Law Practitioners
July 2006

Two Fitzpatrick Lawyers Named Best of the Best 2006 The US Best of the Best
July 2006

Fitzpatrick Named as a Leading Firm in Chambers Global 2006 Chambers Global The World's Leading Lawyers for Business
2006

Fitzpatrick Ranked #7 Most Diverse Law Firm in New York The New York Law Journal's Book of Lists 2006
March 2006

Fitzpatrick Named as Leading New York Firm PLC Which Lawyer Yearbook 2006
February 2006

The International Who's Who of Trademark Lawyers Chooses Two Fitzpatrick Attorneys The International Who's Who of Trademark Lawyers 2006
February 2006

Fitzpatrick Named as a Leading Firm in Chambers Global 2006 Chambers Global
2006

Fitzpatrick Ranked Leading Firm in PLC Which Lawyer 2005/2006 PLC Which Lawyer 2005/2006
December 2005

Eight Fitzpatrick Lawyers Listed as Best IP Lawyers in America 2006, The Most Listed for IP in New York Best Lawyers in America 2006
September 2005

Fitzpatrick Ranked in Band 1 in 2005 Chambers USA Survey Chambers USA: America's Leading Lawyers for Business
May 25, 2005

Seven Fitzpatrick Lawyers Included on List of Best IP Lawyers in America Best Lawyers in America
2005-2006

Fitzpatrick Ranked Leading Patent and Trademark Firm Managing Intellectual Property
March 2005

Fitzpatrick Receives 2004 MCCA Thomas L. Sager AwardNovember/December 2004

Fitzpatrick Ranked #4 In 2004 Diversity ScorecardJune 2004

Fitzpatrick Ranked as Leading Firm in 2004 Chambers USA Survey Chambers USA: Leading Business Lawyers
April 21, 2004

Seven Fitzpatrick Lawyers Listed as Best IP Lawyers in America Best Lawyers in America
2003-2004

Fitzpatrick Associate Featured in NYLJ Article New York Law Journal
December 12, 2003

Fitzpatrick Ranked # 10 In 2002 Diversity ScorecardDecember 2003

Fitzpatrick Ranked As A Top U.S. Intellectual Property Law Firm Chambers Global: World's Leading Lawyers 2003 and Chambers USA: America's Leading Business Lawyers
2003-2004

Six Fitzpatrick Lawyers Ranked as World's Leading Patent Experts 2003 Guide to the World's Leading Patent Law Experts
2003

Fitzpatrick Receives 2002 MCCA Thomas L. Sager AwardOctober 16, 2002

Five Fitzpatrick Partners Ranked as World's Leading Trademark Law Practitioners 2002 Guide to the World's Leading Trademark Law Practitioners
2002

Fitzpatrick, Cella Recognized for 20 Years of Service to Improving JusticeDecember 13, 2001

Four Partners Nominated to the International Who's Who of Business Lawyers2001

California Office Relocates to Larger Quarters2001

Press Releases

Fitzpatrick, Cella, Harper & Scinto Honored For Industry Excellence in Intellectual Property by Chambers & Partners Chambers & Partners USA 2010
June 14, 2010

Best US IP Law Firm International Legal Alliance Summit and Awards 2010
June 8, 2010

Fitzpatrick, Cella, Harper & Scinto Elects Jason M. Okun as New PartnerJanuary 4, 2010

Fitzpatrick, Cella, Harper, & Scinto Named “Decade Award Winner” in Legal Writing by the Burton Foundation Burton Foundation
December 16, 2009

Fitzpatrick, Cella Listed as a Tier One Intellectual Property Firm Institutional Investor's 2010 Benchmark Litigation Guide
December 8, 2009

Fitzpatrick named Patent Law Firm of the Year: North America ACQ Finance Magazine
December 01, 2009

Fitzpatrick, Cella, Harper & Scinto's New York Headquarters RelocatesSeptember 14, 2009

Fitzpatrick, Cella, Harper & Scinto Honored by Chambers & Partners in Tier 1 for New York Intellectual Property Law Firms Chambers & Partners USA 2009
June 16, 2009

Colleen Tracy Named as Fitzpatrick's Managing PartnerMarch 19, 2009

New Partners NamedJanuary 6, 2009

Fitzpatrick, Cella, Harper & Scinto Ranked #1 in Intellectual Property Chambers USA 2008
June 16, 2008

Fitzpatrick, Cella, Harper & Scinto Ranked #1 in Intellectual PropertyJune 18, 2007

Fitzpatrick Cella Elects Five New PartnersJanuary 1, 2007

Fitzpatrick, Cella, Harper & Scinto Ranked #1 in IPJune 7, 2006

Fitzpatrick Attorneys Named Recipients of 2006 Burton Award for Legal AchievementMay 3, 2006

Fitzpatrick, Cella, Harper & Scinto Receives Minority Corporate Counsel Association's Thomas L. Sager Diversity AwardOctober 28, 2004

Fitzpatrick Represents City of New York in NYPD and FDNY Trademark Infringement SuitApril 13, 2004

Fitzpatrick Elects Three PartnersJanuary 5, 2004

Fitzpatrick Receives Thomas L. Sager Diversity AwardOctober 17, 2002