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Intellectual Property Litigation

Trademark Litigation

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Our team has broad experience litigating trademark and related disputes, including infringement suits in federal courts, Lanham Act false advertising claims, proceedings before the Trademark Trial and Appeal Board, domain name disputes and arbitrations, as well as proceedings in the National Advertising Division of the Council for Better Business Bureaus. We have litigated critical brand disputes and enforcement actions to conclusion but recognize the value of a negotiated solution and have achieved numerous creative settlements of complex disputes. Our experience also includes significant work involving rights of publicity and privacy, often in connection with our Media and First Amendment teams.

Our trademark and Lanham Act clients include national and international sporting goods companies, retailers, manufacturers of household goods, food companies, restaurants, insurance companies, professional service providers and many of Wisconsin’s most recognized brand owners. Our work has spanned from disputes concerning national ad campaigns to brand conflicts between competitors and licensees. In each case, we bring to bear our deep knowledge of substantive trademark law and our expertise in successfully managing complex litigation with a practical, results-oriented approach.

Representative Experience

Procter & Gamble Company v. Kimberly Clark Corporation, et al. Representing the Kimberly-Clark Corporation and related entities, Godfrey & Kahn defeated false advertising claims lodged by industry giant The Proctor & Gamble Company, including two motions for injunctions and multiple challenges to television networks, allowing Kimberly-Clark to continue what has been determined to be one of the most successful advertising campaigns in company history.

Johnsonville Sausage v. Premio Foods. Godfrey & Kahn represented Johnsonville in a trademark infringement action against Premio Foods in the Eastern District of Wisconsin, resulting in settlement during a jury trial.

Brainstorm v. School Specialty, Inc. Godfrey & Kahn represented the defendant in this trademark, copyright, and breach of contract action in the Western District of Wisconsin. We obtained dismissal of the vast majority of the plaintiffs’ claims on summary judgment and settled the remaining narrow claim after the favorable ruling.

Pacific Cycle, Inc. v. PowerGroup International, LLC. Godfrey & Kahn obtained a favorable summary judgment decision for Pacific Cycle, owner of the Schwinn brand, in this dispute relating to a license of the Schwinn brand in the Western District of Wisconsin.

NFL Properties, Inc. and Green Bay Packers Football Club, Inc. v. Prostyle, Inc., et al. Godfrey & Kahn represented the Green Bay Packers in trademark infringement litigation. After a jury verdict in favor of the Packers, the case settled on appeal.

Krause Publications, Inc. v. Chester L. Krause. Godfrey & Kahn represented Krause Publications in a trial before the Trademark Trial and Appeal Board and an appeal to the Federal Circuit in this trademark opposition matter, which resulted in a denial of Mr. Krause's attempt to obtain a trademark registration.

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