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Our Firm Offers Decades of Experience in High-Stakes IP Litigation
In litigation, experience matters. Whether you need to enforce your patent rights in federal court or take on a domain name infringer under the Uniform Domain Name Dispute Resolution Policy (UDRP), our attorneys have the knowledge and experience needed to preserve the value of your intellectual property.
Sample Case Studies
Case Study: FIU vs. FNU Trademark Litigation Resulting in $1 Million in Attorneys’ Fees
Our firm represented Florida National University (FNU) in trademark litigation against Florida International University (FIU). FIU initiated the litigation, alleging that FNU’s principal trademark created market confusion with FIU’s. By challenging the plaintiff’s allegations from all angles (including using the testimony of FIU’s own marketing consultant), not only were our attorneys, led by partner Steven Peretz, able to prevail on the substantive issues involved in the litigation, but we were also able to secure more than $1 million in attorneys’ fees for our client.
Case Study: Caracol.com Preserved in UDRP Action Alleging Bad Faith
Our firm represented the owner of the domain name, caracol.com, in a UDRP proceeding filed by Caracol Primera Cadena Radial Colombiana S.A. (“Caracol Primera”). Caracol Primera sought to force a transfer of the domain, alleging that our client had registered it in bad faith. The primary basis for Caracol Primera’s UDRP complaint was our client’s offer to sell the domain – a sign of bad faith in many cases. Attorney Josh Saltz successfully challenged Caracol Primera’s arguments and secured a denial of the complaint in a detailed decision issued by a three-member UDRP arbitration panel.
Additional IP Litigation Results
While we routinely represent clients in matters that result in settlement prior to trial, our attorneys have secured favorable verdicts and arbitration rulings in cases involving all types of IP-related disputes. This includes obtaining restraining orders to prevent use of our clients’ patents, copyrights, trademarks and trade secrets, as well as overcoming allegations of infringement targeting our clients. The following are just a few examples of recent settlements and awards we have secured on behalf of intellectual property owners in Florida and nationwide:
- Plaintiff’s Patent Narrowly Construed in Order to Protect Client Against Infringement – Representing an Internet company as the defendant in patent litigation infringement in federal court, our attorneys convinced the judge to narrowly construe the plaintiff’s patent in order to avoid infringement liability.
- Dismissal of Trademark Infringement Claim Within 10 Days – Representing an organization devoted to protecting the Florida Everglades, our attorneys secured a dismissal of the plaintiff’s trademark and trade dress infringement allegations within 10 days of the filing of its complaint.
- $4.5 Million Settlement for Patent Owner – Representing the patentee of a remote scouting camera for wildlife viewing, our attorneys secured a $4.5 million settlement from a competitor for patent infringement and false advertising.
- $1.8 Million Settlement in Online Copyright Infringement Litigation – Representing a software developer that owned a listing service for yacht brokers, our attorneys obtained a $1.8 million settlement from a competitor that copied the client’s listings and posted them online.
- Restraining Order to Prevent Use of Disparaging Domain Name – Representing one of the nation’s leading homebuilders, our attorneys secured a temporary restraining order (TRO) to prevent use of its trademark by a third-party that operated a disparaging website.
Schedule an Initial Consultation
If your company’s intellectual property rights are under attack, the IP litigation attorneys at Peretz Chesal & Herrmann, P.L. can protect your interests in court. To discuss your options with an attorney at our Miami law offices, please call 305-341-3000 or inquire online today.