Practice Areas

MKW represents clients in copyright and trademark disputes, helps them establish, protect and enforce their rights in these valuable assets, and defends against claims of copyright and trademark infringement, unfair competition, dilution and cybersquatting. Our presence in the cultural and technological hubs of New York and San Francisco means that we are conversant with intellectual-property focused industries, including ecommerce, computer software, mobile applications, social media, consumer technology, publishing, fashion, recorded music, photography, and visual art.

Copyright Litigation

Our copyright practice spans all aspects of the subject, from registration through trial, including pre-suit investigation and strategy, discovery and motion practice, licensing and transfer, and alternative dispute resolution. We have represented copyright owners and defendants in litigation in federal courts across the country, with particular focus in New York and California. Recent representative matters include defending the author of an anatomy textbook against claims of infringement from the book’s illustrator, defending an apparel manufacturer against claims of infringement from a French jewelry designer, and assisting a Chinese manufacturer of holiday decorations to enforce its rights against a large home improvement retailer.

Trademark Litigation

Our trademark litigators represent both trademark owners and alleged infringers with respect to trademark claims of all kinds, under both federal and state laws, including trademark infringement, trade dress infringement, dilution, unfair competition, counterfeiting, and false advertising. We also represent clients before the Trademark Trial and Appeal Board in opposition and cancellation proceedings, and help clients negotiate trademark licenses and co-existence agreements. Recent representative matters include defending an online services provider against claims of infringement from a competing website involving nominative fair use, defending a tire manufacturer in an opposition proceeding involving the “family of marks” doctrine, and mounting a cancellation proceeding involving genericness, descriptiveness, and fraud.

Domain Name Disputes

Our attorneys are also well-equipped to address domain name issues, assisting clients with domain name research, registration, transfers and disputes. We have represented clients in clashes arising under the Uniform Domain-Name Dispute-Resolution Policy (UDRP), and obtained one of the first favorable decisions under that policy issued by the World Intellectual Property Organization. Recent representative matters include representing an online service provide in a domain name dispute in federal court arising under the Anticybersquatting Consumer Protection Act.