“McCarter & English — takes in everything from prosecution to enforcement and specializes in the protection of celebrity designer brands. Clients receive the full package — watertight legal counsel wholly oriented towards the bolstering of their image and brands in the market.” —WTR 1000, 2018
A brand embodies the identity, reputation, and promise of a business, making it one of the most valuable assets. Over time, a company’s name and visual identity lends credibility to the quality of its products and services, captures loyal consumers, and contributes to steady revenue growth. Every dollar spent on product development, design, and promotion is ultimately an investment in the brand. Therefore, each unique identifier of the brand, whether name or symbol or color, needs protection. Strong IP rights deter competitors and others seeking to benefit from valuable brand identity and erode the hard earned trust of customers.
We develop international filing programs and manage global portfolios to advance our clients’ brand identities and to build market presence. We advise clients on the importance of protecting their valuable market position, including policing their marks and enforcement strategies.
Our clients come from all industries, including apparel, luxury and fashion, pharmaceuticals, food and nutritional products, sports and entertainment, household goods, industrial products, financial services, and other consumer goods. We are attuned to the special requirements of each of our clients and their respective industries, focusing on IP strategy that better serves our clients’ business objectives.
We strengthen the IP rights in our clients’ product designs, packaging, advertising, and social media by advising on copyrights, trade dress, and design patents. These are important assets in building brand recognition and protection around the entire product and its promotions. Our holistic approach proactively creates early and comprehensive IP rights for existing and new products. For example, during product development, we guide the client on developing trademarks, trade dress, copyrights, and design patents in conjunction with relevant utility patents. By constructing this IP “fence” around a new product, its packaging, and marketing campaign in advance of a product launch, clients are prepared to prevent competitors and copycats from taking advantage of a brand’s R&D and marketing investments.
We counsel clients on licensing, manufacturing and distribution agreements, marketing materials, and internet and social media issues, further enhancing their intellectual property. When necessary, we advise on protecting trade secrets through employment, non-disclosure, and non-compete agreements.
Global Brand ManagementOpen
Through our decades of experience representing both U.S. and international clients, we are uniquely qualified to resolve issues across global markets due to our network of talented attorneys, law enforcement officers, and investigators across the world. In addition to the traditional IP remedies, we tailor solutions specific to the country at issue.
We advise clients on best strategies for trade secret protection and devise enforcement plans with the goal of avoiding litigation. Deeply integrated with our patent prosecution team, we have the vantage of comprehensive legal and technical resources to address the challenge. When necessary, we have a proven record of successful resolution of trade secrets lawsuits in many areas including software products, phosphorous production, and government contracts relating to projects for both the United States Army and Navy.
Trademark & Copyright LitigationOpen
McCarter’s trademark and copyright litigators have prosecuted or defended cases in federal courts throughout the U.S. involving world-famous brands, as well as successfully resolving disputes through alternative dispute resolution that reduces costs while achieving significant business goals. Our litigation strategy often combines traditional and non-traditional claims and remedies, where appropriate, to achieve a range of results, including: obtaining damages, seizure orders, asset restraints, injunctions, and other equitable relief, often with contemporaneous civil and criminal actions in the U.S. and foreign jurisdictions.
We also lead and oversee international enforcement efforts, including: litigation and global anti-counterfeiting matters in the U.S. and abroad (Asia, Europe, South America, and Russia), which sometimes involve both civil and criminal proceedings and/or concurrent efforts in multiple countries; resolving disputes with competitors, former distributors, and licensees; and gray market issues.