Trademarks and False Advertising

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Experienced Team, Thought Leaders

King & Spalding’s trademark team includes both seasoned litigators who have been involved in numerous trials and preliminary injunction hearings in the U.S. federal courts, litigated oppositions and cancellation proceedings in the U.S. Patent and Trademark Office Trademark Trial and Appeal Board, and ICANN domain name arbitrations, and experienced transactional professionals handling extensive international trademark portfolios.

Three of our partners have focused primarily on trademark law for more than 25 years each, bringing to the table significant knowledge of the law and the experience needed to provide clients with immediate strategic counseling on all trademark and branding issues.

Our lawyers are thought leaders in the field, hosting and developing educational sessions on emerging, trending, and cutting-edge topics in trademark law; publishing articles and editing treatises on trademark law; and contributing to the development of the law through participation in industry and bar organizations. 

Our trademark lawyers are members of and have held leadership positions in premier industry organizations including the American Intellectual Property Law Association (AIPLA), the International Trademark Association (INTA), the Intellectual Property Owners Association (IPO), the New York Intellectual Property Law Association (NYIPLA) and the Licensing Executives Society (LES). Our ranks include the current editor-in-chief of The International Trademark Association’s scholarly journal The Trademark Reporter and a member of the Board of Directors of the NYIPLA. 

Protecting Famous Brands

At King & Spalding we work closely with clients to address their trademark issues, providing strategic counseling and enabling clients to achieve the highest level of protection with expediency and efficiency.

Full-Service Trademark Practice

Our trademark practitioners handle all of the traditional trademark issues that every company faces, including brand name selection, clearance and development, protecting trade dress and packaging, advising on advertising clearance, enforcement of rights, litigating disputes, and licensing. 

We also are well-versed in the emerging and constantly changing trademark issues arising on social media platforms and other Internet sites, and guide clients in developing online enforcement, advertising and social media policies. We coordinate with other teams across the firm, including our corporate team, our FDA group and our class action litigators, on issues relating to labeling, media, advertising and transaction matters.

We provide our clients with the following services:

  • Federal Lanham Act litigation, including securing and defending against temporary restraining orders and preliminary injunctions, conducting bench and jury trials, and coordinating with our appellate team on appeals
  • Search and clearance opinions
  • U.S. trademark applications
  • Filing and defending against U.S. trademark oppositions and cancellations
  • Managing trademark applications, registrations, oppositions and cancellations globally
  • Sending and defending against cease and desist letters
  • Watch service strategies and enforcement implementation
  • Enforcement and scope of protection analysis, guidance, and execution
  • Trade dress protection, enforcement and strategy
  • Internet and social media issues, including securing domain names, developing social media policies, and planning and executing online enforcement strategies
  • Training marketing personnel

Global Reach

We maintain a network of valued relationships with local counsel contacts around the world. As a result, clients benefit from expedited, priority service and a coordinated approach to global protection. We also assist the firm’s international, corporate, and litigation practices with our network of counsel in nearly 200 countries.

Recognition

  • The 2015 Legal 500 U.S. guide ranked the firm’s Trademark Practice as among the best in the nation.
  • Recognized as one of the best IP practices in the U.S. in Managing Intellectual Property’s “2014 Managing IP Handbook.” In addition to receiving five national and four state-level practice rankings, eight firm lawyers were recognized as “IP Stars.”
  • King & Spalding received a Tier 1 national ranking in U.S. News & World Report’s 2013 “Best Law Firms” survey for trademark law.
  • Our trademark partners have been included in numerous editions of Chambers USA, the World Trademark Review WTR 1000 guide to the world’s leading trademark professionals, Who’s Who Legal: Trademarks, and other leading legal industry and trademark publications.

Representative Clients

  • The Coca-Cola Company
  • The Home Depot
  • Sephora
  • The Madison Square Garden Company
  • Radio City Music Hall

 

Holmes J Hawkins III 
T: +1 404 572 2443 ATLANTA