What is IP Litigation?
Litigation is the process of bringing a lawsuit. Intellectual property lawsuits can usually be brought in either state court or federal court (and sometimes both), as well as before the U.S. Patent and Trademark Office (USPTO) and International Trade Commission. Additionally, actions may be brought before a mediator (non-binding) or arbitrator (binding), depending on the desire of the parties or if required by contract or otherwise.
Many intellectual property disputes, such as patent, trademark, and copyright, fall under the jurisdiction of the federal court system. Our licensed attorneys are licensed to practice in the Federal District Courts of the United States, and routinely bring complex intellectual property matters to trial in the federal court system.
While most intellectual property disputes arise under federal law, there is often an overlap between state intellectual property laws, as well as purely state-based laws, such as the laws of contract. When a dispute involves state causes of action, NOLLI IP SOLUTIONS has attorneys licensed to practice and bring disputes in the state courts of California. Should an issue arise in another jurisdiction, we have a range of attorneys who we associate with in order to continue a case through termination, whether in California or otherwise.
There are numerous actions which may be brought directly at the USPTO. The Trademark Trial and Appeal Board (TTAB), including appeals from trademark registration rejections, as well as opposition and cancellation proceedings. The rules for filing or defending actions at the TTAB are nuanced and best left with attorneys experienced in handling such proceedings. At NOLI IP SOLUTIONS, we have both experience and a track record of success in bringing actions in front of the TTAB, which allows us to see our clients' registrations from application through final determination and enforcement.
In the age of e-commerce, trademarks are regularly crossing international boarders, either physically or digitally. Enforcing trademark rights, therefore, has become an international endeavor, and requires trained and experienced professionals who not only know how to operate within the US legal system, but abroad as well. Our team has both direct experience operating internationally, as well a network of attorneys, agents, and associates located worldwide. Wherever your dispute arises, NOLI IP SOLUTIONS will be there to end it.