Intellectual property is often a critical component of the overall business portfolio. When intellectual property disputes arise, business owners and managers require cost-effective and creative solutions designed to fortify their market position, avert potential loss and collect recompense where financial damage has been done. Gunster’s Intellectual Property lawyers are committed to offering the experience needed to protect and enforce our clients’ intellectual property rights in Florida and beyond, and as part of an overall business strategy. Our attorneys are experienced in litigating intellectual property disputes in state, federal and appellate courts; through mediation, arbitration and out-of-court settlements; and involving the International Trade Commission and the World Intellectual Property Organization.
Gunster’s Intellectual Property Litigation team is dedicated to understanding intellectual property–related dispute resolution from every angle. Our lawyers are focused on what it takes to protect intellectual property assets. Our experience includes:
- Copyright and patent litigation
- Trademark, trade dress and trade secret litigation
- Domain name and Internet disputes
- False advertising and unfair competition
- Franchise disputes
- Antitrust litigation pertaining to intellectual property
- International intellectual property dispute resolution
- Non-compete and non-solicitation agreements
Our Intellectual Property attorneys seek to guide clients through a wide range of complex copyright disputes. Gunster advises clients from the inception of a copyright dispute through trial and on appeal. Our team has experience in disputes pertaining to the application of copyright law to online environments, literal and nonliteral copying claims, safe harbors and anti-circumvention challenges, secondary liability and fair use claims. Our attorneys defend and pursue temporary restraining orders and preliminary injunctions in the face of a copyright dispute.
Patent portfolio enforcement and protection is critical in business today. Gunster litigators have experience in complex patent litigation and other patent dispute proceedings including arbitrations, International Trade Commission investigations and administrative proceedings before the U.S. Patent and Trademark Office. Our attorneys prosecute and defend patent disputes in state and federal court, and are involved in all phases of patent litigation including preliminary injunction proceedings, claim interpretation (“Markman”) hearings, jury and nonjury trials, as well as on appeal.
Gunster’s Intellectual Property lawyers employ a practical and business oriented approach to resolving trademark disputes. Our understanding of the Lanham Act, as well as its interplay with related federal and state laws, has allowed our litigators to endeavor to navigate beyond even the most difficult scenarios. Our experience ranges from federal court litigation to matters before the Trademark Trial and Appeal Board.
Gunster attorneys protect and defend against litigation over valuable trade secrets. Our litigators have prosecuted and defended a wide range of trade secret and related claims, including the misappropriation of trade secrets, breach of nondisclosure or confidentiality agreements, breach of noncompetition clauses, theft of ideas or inventions, unfair competition claims, breaches of confidence and fiduciary duties, as well as insurance coverage claims pertaining to trade secret related coverage.
Our attorneys strive to serve as formidable advocates when a client is faced with a competitor seeking to illegally drive commerce away from its website. Gunster’s Intellectual Property lawyers defend clients against competitors who register a similar domain name with the intention of diverting online traffic to their own website, as well as aim to deal swiftly with domain names that have been stolen or hijacked. In situations where domain names are pirated, our attorneys seek to aggressively restore the misappropriated asset. In addition, Gunster files claims under the Uniform Domain Name Dispute Resolution Policy with the Internet Corporation for Assigned Names and Numbers (ICANN). Should litigation ensue, Gunster litigators are dedicated to pursuing the claim through a trial if it is in the best interest of our client to do so.
In today’s legal environment, only a small percentage of disputes actually go to trial. Gunster’s Intellectual Property team is committed to working with clients to achieve the best possible resolution. Our lawyers strive to be ever mindful of each client’s specific business objectives surrounding their intellectual property assets. At the beginning of each matter, our attorneys work with clients to explore the potential risks, opportunities and financial investment associated with various dispute resolution strategies. Our goal is to achieve the right balance between cost and outcome, and to defend our clients in the most cost-effective way possible.