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We successfully defended
a local company against a charge of trademark
infringement charge by a national retail chain.
We argued that certain federal registrations could
not be asserted against our client. We also successfully
argued that there was no likelihood of confusion
between the national chain's and our client's
use of the same mark.
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We defended a successful comic
book publishing company that was sued in New Mexico
for trademark infringement. Our defense involved
fair use, where the alleged trademark was being
used by our client in its ordinary, everyday meaning,
and not as a trademark. The case was settled favorably
for our client, with only minimal damages.
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We represent major software publishers
in policing copyrights and trademarks. In one
instance, we conducted an ex parte seizure of
counterfeit software at a local manufacturing
plant whose owners had purchased the software
on E-Bay. One of the challenges in this case was
obtaining the ex parte order from the court.
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