Trademark Litigation

Haynes and Boone’s trademark litigators have successfully tried dozens of trademark and unfair competition cases in courts throughout the country. Whether your company seeks preliminary injunctive relief to protect its marks or dress from infringers, or is facing claims from a competitor trying to unfairly gain market advantage, we have the experience and track record to successfully resolve your dispute. Few firms boast the depth of trademark litigation experience that you will find at Haynes and Boone.

  • A Haynes and Boone trial team led by Rich Rochford and Ben Mesches represented Galderma Laboratories in the dismissal of trademark infringement allegations. In February 2019, the Third Circuit confirmed Galderma’s trial victory by affirming the jury verdict against the plaintiff’s trademark infringement, false advertising, unfair competition and breach of contract claims. In addition, the Third Circuit reversed the jury’s $58,800 award to the plaintiff on his unjust enrichment claim, holding that Galderma had established its ownership of the "Restoraderm" trademark at trial.
  • A Haynes and Boone team led by Ken Parker obtained a rare defense summary judgment for Phoenix Fibers, Inc., a denim recycling business. The plaintiff in the case claimed that Phoenix Fibers infringed its trademarks by reselling donated materials in bulk. Phoenix Fibers obtained summary judgment on all claims. This case was recognized as a “Top Defense Result” in California in 2017 (Daily Journal, 2018) and the decision was affirmed on appeal in January 2019.
  • One of our trial teams led by Aimee Furness and Ben Mesches successfully defended AFD China Intellectual Property Law Office (AFD China) against the claims of its former U.S. marketing partner, AFD USA, which sued AFD China for trademark infringement, unfair competition, misappropriation of trade secrets, unjust enrichment, intentional interference with economic relations, and conversion in both federal court in the District of Oregon and California state court. The California state court case was eventually dismissed. In the Oregon federal case, AFD China was successful in defeating all of AFD USA’s claims at the summary judgment stage except the trademark infringement claims – where the jury found in favor of our client, AFD China.
  • One of our trial teams, led by Ken Parker, won an $8.5 million jury award for Mixed Chicks in a trademark and trade dress case against a leading chain of beauty stores. After a nine-day trial in the Central District of California, a jury found that the beauty store chain infringed the MIXED CHICKS® trademark and Mixed Chicks product trade dress, resulting in a verdict of more than $8 million dollars. 

We regularly handle unfair competition disputes of all types, including trademark, trade dress and service mark infringement, dilution, false advertising, misrepresentation and misappropriation claims. Our litigators, all members of our nationally-recognized brand management practice group, work closely with our elite trademark prosecution attorneys to ensure that our clients get great results every step of the way. Whether you are involved in a dispute in trial court, before the U.S. Patent and Trademark Office, or in arbitration, our trademark litigators will get you the best possible results.

Our trademark litigation practice is truly national in scope, and has experience covering everything from consumer products to Internet commerce, advertising, smart phone applications, and social media.

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