Intellectual Property Litigation

Litigation is one of many options available to businesses as part of policing, enforcing and defending intellectual property rights. McLane has substantial experience litigating intellectual property disputes. Our intellectual property litigation practice involves patent, trademark, copyright, trade secret and unfair competition litigation.

Intellectual Property infringement presents complex legal and factual issues. Successful representation requires a thorough understanding of both the law and science applicable to any given case. More fundamentally, however, successful IP litigation requires the kind of experience and ability that allows lawyers to distill issues to fundamental basics, and to identify those factors that lead to a successful result. McLane’s combination of intellectual property specialists and trial lawyers has led to great results on behalf of our clients. These combined talents bring together unique skill sets to ensure our clients’ success.

In the event that the our client requires litigation counsel, McLane offers top lawyers with extensive experience on the local, state and national level. Our trial lawyers are increasingly retained outside of New Hampshire due to the depth of their courtroom experience. Yet, due to McLane’s location and size, McLane enjoys significantly lower overhead and is able to offer its legal services at a very competitive rate. We often find that we are able to offer our senior litigators having twenty-five or more years of experience at billing rates lower than or comparable to junior associates in firms having to pass on the high overhead associated with having offices in large metropolitan cities. For our client's litigation needs, McLane would carefully plan its approach so as to utilize associates and paralegals whenever appropriate. McLane would also utilize the appropriate electronic resources to most efficiently coordinate and manage the multi-jurisdictional litigation.

REPRESENTATIVE RECENT INTELLECTUAL PROPERTY LITIGATION EXPERIENCE

Hampshire Paper Corporation v. Highland Supply Corporation. We obtained dismissal of a patent declaratory judgment action filed in New Hampshire based upon a lack of a justiciable controversy.

Sports Authority v. PC Authority. We defended PC Authority in a trademark opposition hearing. The Sports Authority tried to stop United States trademark registration of the mark “PC Authority”. We succeeded after a full trial in which the Trademark Trial and Appeals Board of the United States Patent and Trademark Office ruled in our client's favor.

Microsoft v. PC Connection. Co-counsel for Microsoft in computer software trademark and copyright infringement case in which Microsoft brought suit based upon alleged software piracy. The case settled for a confidential amount.

MJM Productions v. CBS Broadcasting., Twentieth Century Fox Film Corp. and Kelley Productions, Inc., New Hampshire. We successfully defended CBS, Fox and David Kelley's production company in trademark and unfair competition action in which the plaintiffs sought an injunction to prevent the defendants from broadcasting the television series "The Brotherhood of Poland, New Hampshire”.

Aprisma Management Technologies, Inc. v. Micromuse Inc. We were co-counsel in defense of a recently settled software patent infringement case in New Hampshire.

Composite Concepts Co., Inc. v. Rea Wire Magnet Co., Inc. We handled a patent infringement and licensing agreement litigation in the Northern District of Indiana.

Karen Morse-Babb v. Outdoor Recreation Group. We represented plaintiff in suit for trademark and copyright infringement concerning graphic illustrations and character designs used on children's backpacks in District of Massachusetts.

Cedar’s Mediterranean Foods, Inc. v. Phoenicia Products, Inc. We represented a Canadian defendant in United States District Court litigation over ownership of registered trademark for middle eastern foods. The case settled on confidential terms.

Eastern Mountain Sports, Inc. v. Osprey Packs, Inc. We obtained summary judgment of noninfringement for defendant in patent infringement claim involving the structure of combination back packs.

J.P. Sercel Associates v. New Wave Research. We obtained dismissal of patent infringement action filed in New Hampshire based upon a prior filed action in California.

Sterling Mets, LLC (New York Mets) v. Doug Boyd/Amazing Sports. We defended a New Hampshire company in a U.S. trademark opposition proceeding against the New York Mets and Major League Baseball and obtained a successful settlement which permitted our client to register and continue using the AMAZING SPORTS service mark.

Citigroup Inc. v. SIAA, Inc. Successfully settled trademark dispute and avoided opposition proceeding on behalf of our client SIAA, Inc.

Palm Computing, Inc. v. WPI Micro Palm, Inc. We defended New Hampshire based WPI Micro Palm, Inc. in connection with a U.S. trademark cancellation proceeding and obtained favorable settlement result with respect to MICRO PALM trademark.

Fox Entertainment v. REZ-1, Inc. Successfully settled trademark dispute and avoided protracted opposition over use of CHANNEL SPEED mark on behalf of Massachusetts based client REZ-1, Inc.

Kraft Food Group, Inc. v. USA Subs. Currently representing New Hampshire company in connection with trademark dispute involving Kraft's KOOL AID mark.

Wooden Soldier, Inc. v. Buy Domains Successfully represented NH company in domain name arbitration proceeding and obtained arbitrator's award transferring domain name to our client.

NHlottery.com Domain Name Arbitration Successfully represented NH Lottery Commission in domain name arbitration proceeding and obtained arbitration award requiring transfer of domain name to NH Lottery Commission.

For further information, contact a member of our Intellectual Property Litigation Group at (603) 625-6464.

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