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Trademarks and Brands

Overview

Our seasoned team of dedicated trademark attorneys and litigators handle the spectrum of branding matters domestically and globally. We understand that enormous amounts of time and money are invested to create, develop, and amplify your brand. We work with you to implement effective trademark differentiation, preservation, and protection strategies that uniquely position your products and services from competitors. The result is a robust brand platform that is aligned with your business identity and objectives.

With trademarks, you can promote in targeted markets while minimizing the risks from impersonators and fraud, across all marketing mediums. Your company’s image, reputation, and value proposition become key strategic assets in reaching and connecting with customers.

What We Do

The Nutter team advises across the entire lifecycle of a trademark, from inception to registration to enforcement:

  • Selection and clearance
  • Prosecution and maintenance
  • Licensing, assignments, and due diligence
  • Disputes and enforcement
  • Domain names

Who We Represent

Members of Nutter’s Trademarks and Brands practice group have experience across the following industries:

  • Apparel
  • Biotechnology/pharmaceuticals
  • Consumer products
  • E-sports and gaming
  • Financial services
  • Food and beverage
  • Hotels and resorts
  • Luxury goods and experiences
  • Medical devices
  • Real estate
  • Restaurants
  • Retail
  • Technology

Our Team

Our trademark lawyers also have extensive experience in inter partes and other adversarial trademark matters, including opposition and cancellation proceedings. Work on these matters beneficially combine the skills of our trademark lawyers (with their familiarity with administrative procedures that are unique to intellectual property) and those of our litigators, who bring to bear considerable experience in substantive trademark law, administrative procedure, and the litigation process including discovery, trial, and alternative dispute resolution when appropriate.

Our attorneys are involved with numerous industry organizations, including:

  • International Trademark Association (INTA)
  • American Intellectual Property Law Association (AIPLA)
  • Boston Patent Law Association (BPLA)
  • American Bar Association
  • Intellectual Property Owners Association (IPO)
  • Copyright Society of the U.S.A.

View Practice Team

Representative Matters

Representative Matters

  • Settled IP misappropriation and trademark case for client

    Nutter represented the defendant in a case brought by a competitor involving rights to the name and use of a market index. The case was settled at mediation.

  • German Cosmetics Company

    Nutter achieved a favorable decision on the merits before the Trademark Trial and Appeal Board (TTAB) in relation to a trademark opposition on behalf of a German cosmetics company.

  • Hotel Owners

    Nutter represented hotel owners in trademark enforcement and portfolio development.

  • Information Storage Company

    Nutter assisted an information storage company that has a significant international presence with executing a strategy to challenge and remove blocking trademark registrations, allowing the client to establish global trademark registration rights with respect to the name of a key business initiative.

  • Kalahari Snacks

    Nutter served as legal counsel to Kalahari Snacks, the #2 biltong brand in the U.S., in its acquisition by Stryve Foods LLC, an emerging healthy snacking platform and the leading air-dried meat snack company in the country.

  • Manufacturer of Office Products

    Nutter defended a manufacturer of office products brought by a competitor involving the rights to the name of a market index in the District of Massachusetts. The case settled at mediation.

  • Real Estate-Focused Private Equity Company

    Nutter represented a real estate-focused private equity company as intellectual property counsel for its hotel and leisure offerings.

  • Seller of Agricultural Products

    Nutter represented seller of agricultural products in a trademark case in the Northern District of California. We defeated the motion for preliminary injunction and the attempt to prevent the client from using its key trademark. The defeat of the preliminary injunction paved the way to negotiate a dismissal of the case on terms favorable to the client.

  • Trademark Owners

    Nutter represented trademark owners in transactions involving brand assets including the building, licensing, enforcement, and sale of portfolios.

  • Wayne Gretzky Estates

    Nutter acts as U.S. counsel for Wayne Gretzky Estates, assisting with protection of their brands as they expand into the U.S. with craft brewing restaurants.

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Experience

  • Settled IP misappropriation and trademark case for client

    Nutter represented the defendant in a case brought by a competitor involving rights to the name and use of a market index. The case was settled at mediation.

  • German Cosmetics Company

    Nutter achieved a favorable decision on the merits before the Trademark Trial and Appeal Board (TTAB) in relation to a trademark opposition on behalf of a German cosmetics company.

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