Fish stands out among firms for its rare combination of trial experience and subject matter expertise. Many firms have trademark, copyright, and media practitioners, but very few have a national team of trial lawyers who practice in these areas exclusively. Our team is devoted to helping our clients prosecute or defend any type of dispute involving claims of:
Trademark and trade dress infringement
Domain name disputes
This uncommon combination of skills and depth of experience allows Fish to handle your contentious matters more efficiently and to deliver more consistent results. Our team has particular depth of experience in handling accelerated cases, whether it is a preliminary injunction or “rocket docket” matter—we have done it many times and with great success. We know how to quickly conduct due diligence, develop a strategy, and marshal experts and fact witnesses for that quick win, which may resolve the matter entirely.
You don’t have to take our word for it. Fish is recognized in a number of industry publications for its trademark and copyright litigation practice, including The American Lawyer, World Trademark Review 1000, US News and Best Lawyers Best Law Firms, Managing Intellectual Property, and Legal 500 United States. The attorneys in the practice have been described by these client and peer surveys as “litigation kingpins” who are “incredibly impressive,” “and tenacious.” They are cited as “highly recommended” for trial work and are “smart, creative, and anticipate everything.”
Fish protects some of the most famous brands in the world in federal courts and before the USPTO Trademark Trial and Appeal Board (TTAB). While many firms have appeared in TTAB actions, few have tried cases to completion and successfully defended the result before the Federal Circuit. Fish has and does. Our clients range from start-ups to Fortune 500 companies in a wide range of industries, including luxury goods, food and beverage, software, sports, industrial products, finance, and entertainment among others.
Our copyright litigation practice is unparalleled. We understand complex and emerging issues related to the use of new technologies in conjunction with copyrighted works. Our attorneys are skilled at learning new and different technologies and distilling their operation into easy to comprehend narratives for both judges and juries. Clients range from some of the largest media companies in the world to the most disruptive start-ups challenging the ways in which content is distributed. Fish has represented clients successfully in some of the most-watched cases, establishing new law in areas such as the first sale doctrine, reproduction and content distribution rights, and fair use.
False Advertising Litigation
Clients turn to Fish to defend and challenge claims of false and misleading advertising, right of publicity violations and unfair competition. We understand the importance of these disputes and the impact they can have on a company’s brand and reputation. We have successfully represented clients before the National Advertising Division of the Better Business Bureau (NAD) and its National Advertising Review Board (NARB), and have experience with both individual and class actions in state and federal district courts. Our team often wins early victories for clients through temporary restraining order or preliminary injunctions, or arbitration and settlement negotiations.
Domain Name Disputes
Fish has a depth of experience in policing and enforcing brands on the Internet. We have an excellent track record handling cybersquatting disputes under the Uniform Domain-Name Dispute-Resolution Policy (UDRP) and other country-specific proceedings. We often are able to resolve these disputes quickly and favorably through cease-and-desist letters and domain name assignment agreements. When necessary, we have represented clients in federal court litigation under the Anti-cybersquatting Consumer Protection Act (ACPA).