Policing & Litigation

Once a client obtains intellecutal property, one needs to enforce the intellectual property. To this end, Ference & Associates works with clients to manage policing efforts. Examples of various policing methods include watch services and secret shopper programs. When a violation is found, or a client is accused of violating another’s intellectual property rights, we can litigate on your behalf.

Policing

One of the critical items in policing trademark portfolios is instituting a watch program. All major countries publish allowed applications for trademark registrations for potential opposition. A watch program permits a trademark owner to challenge applications for trademarks which the trademark owner believes are too close to their brand. In a number of countries trademark applications are allowed as long as the formalities of the application are correct, i.e., the trademark office does not make substantive rejections.

Ference & Associates has handled many trademark oppositions both in the United States and in other countries. For a listing of opposition proceedings in the United States where the firm was counsel of record, click here.

Litigation

The firm has extensive experience in litigation involving intellectual property. We litigate on behalf of our clients to enforce their rights. We also defend our clients from charges of infringing other’s intellectual property rights. We also assist clients in complying with their discovery obligations when subpoenaed in lawsuits involving intellectual property owned by others.

Our litigation experience includes patent, trademark and copyright cases. We have been involved in numerous cases concerning internet domain names. In all cases, we bring a value-based approach to the litigation. We staff the cases appropriately and do not have numerous people billing on a case. Budget and cost constraints are closely monitored and reviewed with the client as needed. In litigation we strive to be effective, both in the courtroom and in the overall management of the case.