Judge's Table

Litigation

LITIGATION

HVS Approach: The decision to file or vigorously defend a lawsuit may well entail significant investments of managerial time, financial resources, and emotions.  Consequently, we ordinarily suggest to clients the exploration of amicable resolutions prior to committing to litigation.  However, there are times when litigation cannot be avoided.  We have decades of experience in successfully litigating before dozens of federal courts, foreign courts and U.S. and international administrative tribunals.  We have also represented our clients in connection with arbitration and mediation proceedings.

Representative of our undertakings and successful results in litigating our clients’ rights are the following:

 

  1. We developed a comprehensive litigation strategy, launched and successfully litigated to a very favorable conclusion a claim on behalf of a non-manufacturing individual inventor against a major U.S. manufacturer and its largest customer.  Causes of action included breach of confidence, misappropriation, and patent infringement.
     

  2. We implemented a strategy of launching and successfully negotiating settlements in a series of lawsuits designed to halt the importation and sale of counterfeit goods.
     

  3. We devised and implemented a successful strategy in defense of a non-U.S. manufacturer facing claims that its Internet presence subjected it to suit in the United States as a result of the activities of its U.S. distributor.
     

  4. We developed and implemented a comprehensive strategy in launching suit against a website owner involved in trademark infringement, unfair competition and copyright infringement through the unauthorized use of our client’s photographs and advertising text.  We also successfully prosecuted false and misleading comparative advertising claims and a cause of action based upon interference with our client’s contractual relations with third parties.
     

  5. We developed and oversaw the implementation of a successful strategy in litigating trademark infringement and related breach of contract claims both at the trial level and on appeal before courts in Belgium.
     

  6. We carried out a multiple-decade, in-depth policing of the computer industry, including the creation of industry-wide databases and tradeshow surveillance, in connection with licensing and litigation efforts in enforcement of an industry standard networking protocol.  These activities included simultaneous prosecution of multiple related lawsuits and the negotiation of dozens of related licenses.
     

  7. We successfully represented a family-owned manufacturer, sued in a declaratory judgment action by a Fortune 500 competitor.  This case was resolved following our filing of a summary judgment motion which led to the cessation of all infringing activities by our opponent and the payment to our client of a 7-digit figure.
     

  8. We successfully litigated opposition and cancellation proceedings before the Trademark Trial and Appeal Board, proving that the mark EURO, when used in connection with Taiwanese manufactured paint spray guns, is primarily geographically deceptively misdesctiptive under §2(a) and §2(e)(3) of the Trademark Act.