Trademark Enforcement & Litigation

Sterne Kessler works with clients at all stages of the trademark lifecycle, helping to create and protect robust portfolios, and craft proactive and effective strategies to enforce and defend trademark rights globally.

The improper use of your trademarks and brand assets can severely damage your business and harm your brand. To safeguard against these threats, including trademark infringement, online fraud, and counterfeiting, it is critical to have trusted trademark enforcement & litigation counsel by your side.

Trademark Litigation

Sterne Kessler helps clients develop cost-effective trademark litigation strategies in close coordination with our skilled Trial and Appellate team. We handle trademark litigation before district courts, federal circuit courts of appeals, and the U.S. International Trade Commission. Our multidisciplinary teams skillfully handle cases involving trademark infringement, trade dress and design patent infringement, false advertising, unfair competition, and cybersquatting claims. While we are often able to settle cases early, we have a strong track record of success obtaining favorable judgments, preliminary and permanent injunctions, temporary restraining orders, and damages on behalf of our clients.

Domain Name Disputes

As a registered Trademark Agent for the Trademark Clearinghouse, we assist clients with planning and implementing domain name strategies, including generic top-level domain names (gTLDs). We also represent both complainants and respondents in domain name disputes and related litigation, including UDRP proceedings and claims under the Anticybersquatting Consumer Protection Act (ACPA). We work with our clients to develop domain name registration strategies and internal policies and procedures to police infringement risk online. Our trademark lawyers are experienced with domain name takedowns and seizures, and coordinate with our IP litigators when cybersquatting claims are part of a district court litigation.

Oppositions and Cancellations

Sterne Kessler represents trademark applicants and owners to file and defend opposition, cancellation, expungement, and reexamination proceedings before the U.S. Trademark Trial and Appeal Board (TTAB). Our team often implements monitoring programs early in portfolio development to ensure that our clients are adequately protecting and defending trademark rights from competitors. For clients across industries, we are prepared to challenge or defend the validity of trademark applications or registrations. We have significant experience managing these cases under the unique procedures and timelines at the TTAB. In the last five years, our team handled more than 275 trademark opposition and cancellation proceedings for our clients. In addition, we work with our trial lawyers on TTAB proceedings as part of more comprehensive trademark enforcement and litigation programs that may include parallel litigation in district court. From initial filing to discovery, depositions, and final resolution, we work closely with our clients to ensure that disputes are managed in line with their business and brand objectives.

Related Resources

MarkIt to Market®

March 29, 2024

MarkIt to Market® – March 2024

Speaking Engagement

March 25, 2024 11:10 AM - 12:15 PM PST

26th Annual Symposium on Intellectual Property Law and Policy

Press Release

March 25, 2024

Sterne Kessler Promotes Eight Attorneys to Counsel

Sterne, Kessler, Goldstein & Fox