Intellectual Property Litigation

RKC attorneys have significant experience serving local, national, and international businesses in disputes and transactions related to Intellectual Property.  RKC stood at the forefront of the emerging area of internet law and argued one of the landmark cases on internet jurisdiction, Cybersell v. Cybersell, (9th Cir. 1997), and continues to represent clients in domain name disputes and internet defamation.

When it comes to IP litigation, our attorneys help develop and protect our clients’ intellectual property rights by providing a wide array of services:

  • evaluating intellectual property needs and assets, including providing freedom to operate, validity, infringement, and clearance opinions;
  • drafting, prosecuting, and registering copyrights and trademarks before the United States Copyright Office and the United States Patent and Trademark Office;
  • negotiating franchise, licensing, non-competition, non-disclosure, marketing, and other rights agreements to protect and leverage the company’s trade secrets, copyrights, patents, trademarks, and other proprietary assets; and
  • monitoring, mediating, and, where necessary, litigating infringement, Lanham Act, misappropriation, Uniform Trade Secrets Act, unfair competition, false advertising, defamation, cybersquatting, and other disputes regarding proprietary assets.
  • RKC attorneys also defend disputes related to intellectual property before state, federal, and administrative agencies including the Trademark Trial and Appeal Board.
Representative work in IP litigation includes:
  • Pursuing trademark counterclaims in action arising out of termination of license agreement between a national service provider and a local company operating in Tampa, Florida. When the national company terminated the license agreement, the local company sued in state court for breach of contract. We removed the action to the Middle District of Florida and are now pursuing counterclaims for counterfeiting and servicemark infringement where the local company continues to hold itself out as an authorized agent.
  • Defended federal trademark opposition proceeding brought by a running apparel company against national running event organizer. Successfully obtained settlement of all claims and federal registration of the disputed marks.
  • Defended trademark infringement suit and administrative proceedings brought by local staffing company against national organization operating throughout the Eastern Seaboard and other parts of the United States. Successfully obtained full settlement of all claims on confidential terms.
  • Currently prosecuting trademark infringement action for Michigan corporation that provides transportation services through a nationwide network of affiliates. Defendants are Florida corporations that have continued to use similar marks to sell identical services in Florida. The case was brought in the Southern District of Florida, but RKC was asked to stay on as trademark counsel when the case was transferred to the Eastern District of Michigan.
  • Represented stormwater baffle box manufacturer whose competitor brought action against it and its president, alleging claims for trademark infringement, false advertising, and deceptive and unfair trade practices. Successfully obtained summary judgment on all issues in favor of stormwater baffle box manufacturer. Competitor appealed and summary judgment was affirmed by the Eleventh Circuit.
  • Represented a national provider of telephone routing technology in a six week patent infringement trial held in the Middle District of Florida.
  • Represented a worldwide manufacturer of kitchen appliances in a patent, trademark and copyright infringement action in the Southern District of Florida and obtained a successful preliminary injunction and judgment against the infringers.
  • Successfully prosecuted trademark infringement action in the Middle District of Florida for a manufacturer and distributor of an aesthetic surgical system.
  • Currently prosecuting trade secret litigation for manufacture of food processing equipment.