Intellectual Property Litigation

Empowering businesses, defending innovations.

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Overview

Your intellectual property is one of your most valuable business assets. Whether you have built a recognizable brand, developed proprietary technology, or created original work, protecting your innovations is essential in today’s competitive, fast-moving marketplace. At Rupp Pfalzgraf, we are more than litigators. We are strategic partners dedicated to safeguarding your assets so you can focus on what you do best: creating and innovating. Our IP protection strategies give you the confidence to bring ideas to market, knowing they are protected from theft and misuse. Whatever your technology or industry, we dive deep to master your specific challenges.

Rupp Pfalzgraf provides comprehensive IP litigation services across patent, trademark, and copyright law. Our team goes beyond just protecting your intellectual assets; we help you capitalize on them. Our strategy includes crafting licensing agreements and partnerships that translate your innovations into market expansion and increased profitability. A strong IP portfolio, backed by robust protection strategies, makes your business more attractive to potential investors and partners and positions you for long-term growth and market leadership.

Comprehensive IP Litigation: Navigating the Complex Landscape of Patent, Trademark, and Copyright Law

The digital age has made intellectual property more valuable and more vulnerable than ever before. We don’t just react to threats; we anticipate and neutralize them, providing a secure foundation for growth and innovation. When challenges do arise, we offer aggressive and effective litigation to enforce your rights. While we strive to help clients avoid litigation, we know which battles to fight in court and which to resolve strategically, always with an eye on your bottom line. We develop and implement strong enforcement strategies, selecting where and when to litigate to increase the chances of success.

At Rupp Pfalzgraf, we’re just as invested in your success as you are. Our Intellectual Property Litigation team is here to go beyond litigation and help you leverage your IP to maintain market leadership, drive innovation, and maximize profitability.

We Answer Your Intellectual Property Questions

  • How do I know if my patent, trademark, or copyright is being infringed?
  • Someone is selling knockoffs of my products online. What can I do?
  • How do I protect my intellectual property before it goes to market?
  • How should I respond to a patent infringement claim?
  • A mass copyright campaign is targeting my business. Are these claims legitimate?
  • Can I enforce my IP rights against overseas manufacturers or foreign e-commerce sellers?
  • Should I pursue an IP claim in court or settle?
  • A competitor’s branding looks very similar to ours. Do we have a trademark claim?
  • What is my IP portfolio actually worth, and how do I leverage it?
  • Can I stop an infringer from selling their product while my case is still pending?

Whatever intellectual property questions your business is facing, we’re here to help you find answers and take action.

Focus Areas

Digital Brand Protection Against E-Commerce Patent Infringement

The exponential growth of digital commerce across a variety of platforms has opened the door for counterfeit and infringing products. Asserting your intellectual property rights on online marketplaces is more important now than ever. By leveraging cutting-edge technology and our deep understanding of online marketplaces, we’ll help you maintain control of your brand and IP in the virtual world. Our expertise in the navigation and strategic use of IP reporting tools and programs implemented by major e-commerce retailers, such as Amazon, eBay, and Alibaba, offers clients an efficient and cost-effective way to enforce their IP rights.

Patent Infringement: Asserting Rights and Defending Innovation

In the world of innovation, patents are your most valuable assets. Our patent litigation experts combine deep technical knowledge with courtroom experience to protect your inventions. Whether you’re enforcing your patents or defending against infringement claims, we’re committed to achieving outcomes that support your business objectives. Our services include pursuing and defending preliminary injunctions, managing global discovery, coordinating multi-country judicial and administrative proceedings, and arguing before the Federal Circuit.

Trademark Infringement: Protecting Brand Integrity and Ensuring Fair Competition

Protecting your brand is crucial in today’s competitive marketplace. Our trademark litigation team understands the nuances of brand identity and its impact on your business. We develop strategies that defend your trademarks against infringement, dilution, and unfair competition. From cease-and-desist letters to federal court battles, we’re prepared to safeguard your brand’s reputation and market position.

Copyright Infringement: Balancing Creative Expression and Challenging Overreach

Our copyright litigation team brings extensive experience defending original works across various mediums. We partner with clients to develop tailored strategies to combat unauthorized use, reproduction, and distribution of their work. We also understand the rise of mass copyright litigation campaigns and aggressive enforcement tactics, and we know how to effectively counter them to protect your rights against overreaching demands.

Depth of Practice

Our depth of practice includes experience with:

  • Patent litigation, including pursuing and defending preliminary injunctions, managing global discovery, and coordinating multi-country judicial and administrative proceedings.
  • Conducting comprehensive non-infringement assessments and executing exhaustive prior art searches to challenge patent validity.
  • Section 337 International Trade Commission (ITC) investigations.
  • Trademark and trade dress litigation in federal court, including defense against infringement, dilution, and unfair competition claims.
  • Copyright litigation involving unauthorized reproduction, distribution, and use of creative works across various mediums.
  • Defending against mass copyright litigation campaigns and predatory enforcement tactics.
  • Defending against copyright claims with methods such as forensic evaluations of alleged infringement evidence, analysis of tracking methodology accuracy, and validation of IP address identification claims.
  • Help clients develop content usage guidelines and implement preventive compliance programs.
  • Trade secret litigation and contractual and licensing disputes.
  • Enforcing IP rights on e-commerce platforms using platform-specific IP reporting tools and programs.
  • Identifying and removing counterfeit products, unauthorized uses, and other forms of digital infringement from online marketplaces.
  •  Crafting licensing agreements and partnerships to generate revenue and expand market reach.

Team

Graber-J

James Graber

James

Graber

Partner

Buffalo, NY

Kent-T

Taylor Kent

Taylor

Kent

Associate

Buffalo, NY

Insights

Industries Served

Related Practice Areas

Business Law

Business Litigation

Representative Matters

  • Represented an online flatshare platform in copyright litigation in the Southern District of New York. We successfully resolved a claim seeking up to $150,000 in statutory damages through strategic use of a Rule 68 Offer of Judgment, resulting in a $500 settlement with no admission of liability and no confidentiality clause.
  • Represented a clothing and apparel company in trademark litigation in the Central District of California, successfully defending the company’s registered trademark rights to the phrase “Almost Gameday.” Secured a favorable ruling denying the defendants’ motion to dismiss trademark infringement and unfair competition claims, allowing the case to proceed.

Testimonials

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Intellectual Property Litigation