Intellectual Property Litigation

McLane's Intellectual Property Practice Group has considerable experience handling disputes and litigation involving patent, trademark, copyright, trade secret and unfair competition.

Intellectual property infringement claims present complex legal and factual issues, and litigation success requires a thorough understanding of both the law and science applicable to a case. More fundamentally, successful intellectual property litigation requires the kind of experience and ability that allows lawyers to distill issues to their fundamental basics, and to meticulously identify the factors that lead to a successful result. The combined talents of our intellectual property practitioners and trial lawyers have led to great results for our clients.

Below are examples of intellectual property litigation matters we've successfully resolved.

Hampshire Paper Corporation v. Highland Supply Corporation. We obtained a dismissal of a patent declaratory judgment action filed in New Hampshire based on 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 a U.S. trademark registration of the mark "PC Authority". We succeeded after a full trial in persuading the Trademark Trial and Appeals Board of the U.S. Patent and Trademark Office to rule in our client's favor.

Microsoft v. PC Connection. We were co-counsel for Microsoft in a computer software trademark and copyright infringement case in which Microsoft brought suit based on 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 a 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 defending 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 lawsuit in the Northern District of Indiana.

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

Cedar's Mediterranean Foods, Inc. v. Phoenicia Products, Inc. We represented a Canadian defendant in U.S. District Court litigation over ownership of a 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 non-infringement for the defendant in a patent infringement claim involving the structure of combination back packs.

J.P. Sercel Associates v. New Wave Research. We obtained dismissal of a patent infringement action filed in New Hampshire based on a previously 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. McLane obtained a successful settlement, permitting our client to register and continue using the AMAZING SPORTS service mark.

Citigroup Inc. v. SIAA, Inc. Successfully settled a trademark dispute and avoided an 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 a favorable settlement with respect to the MICRO PALM trademark.

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

Wooden Soldier, Inc. v. Buy Domains. McLane successfully represented a New Hampshire company in a domain name arbitration proceeding, obtaining an arbitrator's award transferring the domain name to our client.

NHlottery.com Domain Name Arbitration. We successfully represented the New Hampshire Lottery Commission in a domain name arbitration proceeding, obtaining an arbitration award requiring transfer of the domain name to the New Hampshire Lottery Commission.