Trademarks are uniquely valuable assets in a company’s branding strategy and must be protected.

Fox Rothschild regularly represent clients in prosecuting or defending trademark, trade name and trade dress infringement actions. Our trial lawyers have a track record of success in securing injunctions, verdicts and favorable settlements in cases over advertising, branding and trademarks.

We litigate in the federal and state courts throughout the United States, as well as national and international arbitration forums. The team has decades of experience in representing U.S. and international companies in cases under the Lanham Act, including trademark infringement and false advertising.

Representative Matters

  • American Italian Pasta Company v. New World Pasta
    Served as lead counsel, successfully arguing before the Eighth Circuit Court of Appeals that “America’s Favorite Pasta,” was mere puffery.
  • Purebred Company v. H.J. Heinz, et al.
    Served as lead intellectual property counsel in a three-week jury trial representing the defendants against claims of trademark infringement, unfair competition and false advertising.
  • Ermenegildo Zegna Corporation v. Lanificio Mario Zegna:
    International dispute over the name and mark ZEGNA in the U.S. District Court, Court of Appeals and International Arbitration before the matter settled favorably.
  • Sears PLC v. Sears Roebuck and Co.
    Represented Sears Roebuck and Co. in an international dispute over the use and registration name and mark Sears against Sears PLC, the parent company of a U.K. department store and specialty store retailer.
  • Merck & Co., Inc. v. Vioxx Corporation
    Served as lead counsel for Merck in settled case involving the pharmaceutical trademark Vioxx.
  • Weight Watchers, Inc. v. Stouffers Lean Cuisine
    Served as lead counsel for Weight Watchers in a two-week bench trial involving trademark infringement and false advertising issues known as the “Diet Food War.”