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Trademark Law

What is a Trademark?

A Trademark refers to an exclusive word, phrase, symbol, or design (or a combination thereof) linked to a product or service. These distinctive marks play a crucial role in enabling businesses to differentiate their products or services from those of entities offering similar goods. Moreover, trademarks serve to shield consumers from confusion by prohibiting other businesses from utilizing identical or similar marks for their own products or services.

Trademark Services

Holihan & Harchuck supports clients with a complete range of services for the protection of their trademarks within the United States and around the world. Our services include not only the development of clearance strategies, but legal opinions with regard to the availability of trademarks for the purposes of registration and use.

Our trademark services include:

  • Comprehensive Trademark Searches
  • Trademark Applications & Filings
  • Response to Office Actions
  • Opposition Proceedings
  • Cancellation Proceedings
  • Trademark Portfolio Management
  • Trademark Litigation

Representative Work

Our comprehensive strategies for safeguarding global brands have secured permanent injunctions and compensation in numerous cases of trademark and copyright infringement. We advocate for clients of varying sizes dealing with both domestic and international instances of trademark violations.

Some examples, include:

Trademark and copyright infringement action resulting in a permanent injunction.
Disney Enterprises, Inc., Lucasfilm Ltd, and Lucasfilm Entertainment Ltd. LLC v. Mouseprint Media, LLC d/b/a DISGEAR et al, 6:19-cv-02318-RBD-GJK (MD Fla)

Legal action taken for trademark and copyright infringement against more than 60+ manufacturers and distributors of counterfeit products in Puerto Rico, resulting in Temporary Restraining Order (TRO), a Seizure Order, and, ultimately, securing permanent injunctions, along with the successful collection of damages exceeding $700,000.
Warner Bros. Entertainment Inc., DC Comics, Sanrio, Inc. and Nike v. Forti-Ahorrio et al, 14-cv-1098-JAG (D.C. PR)

A successful trademark enforcement action against transportation intermediaries, including customs brokers and NVOCC, engaged in importing millions of dollars worth of counterfeit Nike footwear, leading to the seizure at the Port of New Jersey. The outcome included a permanent injunction and a settlement in the six-figure range.
Nike, Inc. v. KAL America, Inc. et al, 2:15-cv-05269 (C.D. Cal.)