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

Schaeffler KG v. Brastates Bearings Industries, et al. United States District Court for the Southern District of Florida

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

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

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

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

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 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