Intellectual Property Litigation, Protection and Prosecution
The Rise of Counterfeiting Litigation in Federal Courts
Not surprisingly, with the massive use of Amazon and Alibaba, we are seeing and handling in the courtroom litigation world a lot of actions involving alleged counterfeiting and resultant sales of products on these website marketplaces. These claims involve the freezing of the Amazon Sellers’ financial accounts with Amazon through Federal Court Temporary Restraining Orders (TRO’s) and preliminary injunctions and are being brought primarily pursuant to Federal Statutory Law. They fall generally into two camps:
Camp one is the allegation of Federal Lanham Act violations like trademark infringement, false advertising, false designation of origin, counterfeiting and “knock-off”.
Camp 2 is the allegation of patent infringement by the alleged knock-off products.
While these two variations sound similar, they each require a solid understanding of either or both, the Lanham Act/Trademark Law or an understanding of patent law on infringement and USPTO proceedings. There are actions filed in the US District Court for the Western District of Pennsylvania and in many other federal jurisdictions. Our Houston Harbaugh law firm intellectual property group which I chair is handling these matters and I can be reached at email@example.com or 412-288-4013.
The IP and Trade Secret attorneys at Houston Harbaugh, P.C., have extensive courtroom, jury and non-jury trial and tribunal experience representing industrial, financial, individual and business clients in IP counseling, infringement litigation, trade secret protection and misappropriation litigation, and the overall creation and protection of intellectual property rights. From our law office in Pittsburgh, we serve clients in Pennsylvania and other states. Our Trade Secret Law Practice is federally trademark identified by DTSALaw®. We practice before the United States Patent and Trademark Office (USPTO) and we and our partners and affiliates apply for and prosecute applications for patents, trademarks and copyrights. IP section chair Henry Sneath, in addition to his litigation practice, is currently serving as a Special Master in the United States District Court for the Western District of Pennsylvania in complex patent litigation by appointment of the court. Pittsburgh, Pennsylvania Intellectual Property Lawyers | Infringement Litigation | Attorneys | Patent, Trademark, Copyright, DTSALaw®
Henry M. Sneath - Practice Chair
Co-Chair of Houston Harbaugh’s Litigation Practice, and Chair of its Intellectual Property Practice, Henry Sneath is a trial attorney, mediator, arbitrator and Federal Court Approved Mediation Neutral and Special Master with extensive federal and state court trial experience in cases involving commercial disputes, breach of contract litigation, intellectual property matters, patent, trademark and copyright infringement, trade secret misappropriation, DTSA claims, cyber security and data breach prevention, mitigation and litigation, probate trusts and estates litigation, construction claims, eminent domain, professional negligence lawsuits, pharmaceutical, products liability and catastrophic injury litigation, insurance coverage, and insurance bad faith claims. He is currently serving as both lead trial counsel and local co-trial counsel in complex business and breach of contract litigation, patent infringement, trademark infringement and Lanham Act claims, products liability and catastrophic injury matters, and in matters related to cybersecurity, probate trusts and estates, employment, trade secrets, federal Defend Trade Secrets Act (DTSA) and restrictive covenant claims. Pittsburgh, Pennsylvania Business Litigation and Intellectual Property Lawyer. DTSALaw® PSMNLaw®