Intellectual Property

Butzel Long has a results-oriented Intellectual Property (IP) team. The IP team acts according to its client’s business objectives.

IP provides critical legal and business tools. Knowing the right strategy for the right situation is critical. The Butzel IP team identifies and executes the right strategy. For a product launch, this may mean developing a global patent and trademark portfolio to brand and position the new product. For software developers, it may mean registering copyrights. It may require navigating the complex world of Open Source issues.

The Butzel IP handles important litigation with an end-game in mind. This includes lawsuits in the federal courts and contested proceedings in the Patent and Trademark Office. This includes safeguarding trade secret and enforcing trade secret rights against misappropriators.

The Butzel IP handles transactional matters to avoid litigation and mitigate risk. This includes IP due diligence for mergers and acquisitions. This includes joint development agreements, cross-licenses, supply agreements and the like.

Simply put, the Butzel IP team strives for seamless integration with clients, whatever their industry. For example, Butzel serves clients developing high tech software for Connected Cars, developing hardware for Aerospace & Defense vehicles, and bringing potentially life-changing medical devices to market.

Experience

  • Patent Prosecution: Drafted, filed and prosecuted patent applications for a major automotive supplier
  • Trademark cancellation proceeding
  • Trademark infringement action
  • Patent Prosecution: Drafted, prepared, filed and prosecuted numerous patent applications for major automotive suppliers
  • Infringement action against mortgage company
  • False advertising claims for manufacturer of computer components
  • Defended publisher in trademark infringement action
  • Represented global staffing, employment and recruiting company nationally in trade secret and non-compete matters and obtained injunctions in approximately 70 cases in 2007-2008.
  • Trademark Prosecution: Prosecuted trademark applications for a major automotive company
  • Represented a former employee accused of stealing more than $100 million worth of trade secrets from his employers in violation of the federal economic espionage act.
  • Obtained injunction enforcing covenant not to compete against former employee.
  • Defended web-based retailer in a trademark infringement action brought by a major OEM over domain name
  • Defended semiconductor manufacturer in trademark infringement action. Summary judgment affirmed on appeal.
  • Trademark and Patent Filings
  • Patent and trade dress infringement, and trade secret misappropriation.
  • Trademark/patent litigation of a home repair and cleaning company
  • Defended major University against claim by graduate student that two Professors misappropriated work product.
  • Successfully represented healthcare technology company in Non-Compete/Trade Secret dispute.
  • Represented biotech company and university in patent infringement/inventorship action.
  • Prevailed at trial in a multi-million dollar patent case for an automotive manufacturing client, invalidating the last of three patents that had been asserted against client.
  • Corporate identity makeover for brand creation/trademark selection, clearance, registration and portfolio maintenance for a major US insurance/investment company
  • Patent infringement action
  • Patent Prosecution: Drafted, filed and prosecuted patent applications for a metallurgical company
  • Represented defendant recording artists in multi-million dollar music copyright case resulting in a "no cause" verdict.
  • Trademark dispute
  • Global Brand creation/trademark selection, clearance, registration, and portfolio management for New York-based maker of men's personal care products
  • False advertising action
  • Defended Tier 1 automotive supplier in patent litigation involving universal garage door opener technology
  • Represent plaintiff in patent infringement and false advertising case
  • Trade secret misappropriation action
  • Defended nonprofit organization in trademark/copyright/domain name infringement litigation
  • Represented an international children's toy and apparel company with respect to its registration of copyrights and trademarks in the United States, as well as regarding licensing agreements concerning such intellectual property.
  • Represented a software developer with government contracts against former managers in action for injunctive relief for misappropriation of trade secrets and tortuous interference
  • Defended injection molding equipment manufacturer in trademark infringement litigation
  • Represented employer in successfully negotiating settlement of covenant not to compete, copyright infringement, and unfair competition suit against former employees
  • Represented trademark owner (automotive supplier) in domain name dispute; client gained possession of infringing domain name
  • Patent infringement action against pharmaceutical company
  • Defended manufacturer in appeal of patent infringement action
  • Defended a major financial management company against numerous claims for violation of non-solicitation and confidentiality agreements over a ten year period.
  • Represented a major automotive supplier in a suit against a Texas aftermarket parts company for patent infringement
  • Trade secret lawsuits
  • Overturned adverse decision by Board of Patent appeals and interferences in Federal Court; sustained on appeal
  • Defended boat windshield manufacturer in patent infringement action
  • Represented pharmaceutical company in a false advertising lawsuit involving a product claiming to be the generic equivalent of a leading brand
  • Enforced finance company's trademark rights against infringer
  • Represented a corporation in copyright litigation transferred to religious court
  • Defended movie studio in copyright action
  • Defended against claim by a Professor against university and his department chair for alleged theft of intellectual property; summary disposition granted in favor of university; affirmed by Michigan Court of Appeals
  • Patent infringement action
  • Represented automotive supplier in patent infringement/antitrust case
  • Copyright, trademark and trade secret action.
  • Asserted preemption arguments on behalf of copyright holder in infringement case
  • Defended against claim for violation of a non-compete agreement
  • Coordinated research and counsel on negotiations of supply agreement for new battery technology for international manufacturing client.
  • Successful representation of numerous luxury goods and fashion apparel manufacturers in trademark infringement, gray market and counterfeiting disputes
  • Defended music company in copyright action
  • Prosecution of counterfeiting and trademark infringement action for Italian jewelry designer
  • Defended manufacturer in patent infringement action
  • Assist in brand creation/trademark selection, clearance, registration, and portfolio management
  • Trademark counterfeiting claim
  • Defended website owner of a health-care related site for trademark litigation against a provider of cosmetic surgery
  • Defended television station in trademark/copyright action
  • Successfully represented healthcare technology company in breach of contract and misappropriation of trade secret/confidential information dispute.
  • Represented a technology consulting company in negotiations and contemplated litigation against its former client regarding breach of the parties' non-disclosure agreement and related copyright infringement and theft of trade secrets claims.
  • Licensing/Transactions: Drafted license/transaction agreements for a major automotive supplier
  • Asserted breach of distributor agreement claims on behalf of licensor of copyrighted computer code
  • Patent infringement actions
  • Obtained summary judgment (and affirmance in the Court of Appeals) of copyright and trademark claims against national recording artist
  • Global brand/trademark portfolio management for division of major US software developer
  • Represented research and development company in patent inventorship dispute.
  • Asserted copyright infringement claims on behalf of the owners of copyrights associated with computer code
  • Defended fastener corporation-patent licensee in two companion actions alleging patent and trademark infringement, and misappropriation of trade secrets.
  • Defended copyright action involving photographs
  • Represent plaintiff in patent infringement case
  • Patent infringement action
  • Represented employer in successfully negotiating settlement of covenant not to compete and unfair competition suit against former employ.
  • Defended fiberglass manufacturer in patent/trade secret infringement action
  • Corporate identity makeover for US technology company including global trademark clearance and registration
  • Defended music company in copyright action
  • Successfully represented document imaging company in Non-Compete/Trade Secret dispute.
  • Copyright action
  • Patent Prosecution: Drafted, filed and prosecuted patent applications for a major insurance company
  • Represented automotive supplier in patent infringement case
  • Patent infringement suit
  • Successfully defended automotive supplier in patent infringement action; validated 2 patents on summary judgment and another after trial.
  • Enforced publisher's copyrights against infringer
  • Successful defense of manufacturer accused of misappropriation of trade secrets and threatened with preliminary injunction that would have closed down one of its principal lines of business
  • Represented Italian fashion house in numerous opposition and cancellation proceedings
  • Copyright infringement action
  • Design patent and trade dress rights
  • Defended record publisher in copyright litigation
  • Defend manufacturer in patent infringement case
  • Defended copyright action against critic
  • Interference proceeding against automotive supplier
  • Licensing/Transactions: Drafted license/transaction agreements for a media/entertainment entity
  • Trademark infringement action
  • Defended manufacturer in trade dress and patent infringement lawsuit
  • Trade secret action
  • Represented automotive inspection company in copyright lawsuit related to car inspection software
  • Defended automotive supplier against patent infringement
  • False marking/advertising action
  • Copyright infringement action
  • Defended music company in copyright action
  • Global brand creation/trademark selection, clearance, registration, and portfolio management for manufacturer of custom golf clubs
  • Trademark/patent litigation of an automtive service company
  • Represented bottled water company in trademark action
  • Defended manufacturer of roofing staple device in patent litigation
  • Defended surviving members of 1960's rock band in trademark and copyright infringement action against Plaintiff's heirs who sought a preliminary injunction to prevent clients from continuing to use the trademarks and copyrights relating to the band.
  • Defended automotive manufacturer in trademark litigation
  • Defended collegiate licensing entity in a copright lawsuit

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