Trademark Infringement

The infringement of a trademark is a serious problem for any business.  A trademark is your company’s means of “public identification,” a ubiquitous name or symbol that instantly brands your company in the public consciousness.  People instantly recognize successful trademarks like Coca-Cola’s red script, the McDonald’s golden arches and the UPS’s brown uniforms.  A trademark is a unique, exclusive name or symbol that makes consumers think of your company and product the moment they see your mark.  When other companies copy your trademark or use it without permission, it can damage your brand’s reputation.  At Willi Law Firm, one of our core services involves protecting the valuable trademark rights of small, medium-sized, and multi-national businesses in the United States and abroad.  Litigating trademark infringement disputes is a small, but crucial component of our inclusive approach to protecting your company’s valuable trademarks.

Trademark infringement confuses the public as to the nature of a product or company.  They may believe the infringed trademark belongs to your company, when, in fact, the entity stealing the mark is selling their own goods or services.  Major corporations such as Disney, Gap and Apple spend millions protecting their trademarks from ‘knock off’ merchandisers who usurp their trademark’s success.  When these merchandisers sell inferior products or provide inferior services, the poor quality reflects on the trademark’s rightful owner.

Protecting your company’s trademark from infringement is paramount to maintaining your company’s public ‘good will,’ a market presence that you cannot afford to tarnish.  Still, protecting your trademark can be a daunting task, especially when dealing with national or international trademark theft.

Our attorneys are experienced in protecting trademarks and litigating trademark infringement disputes.  Willi Law Firm can guide you through the process of registering a unique trademark and protecting it from theft and abuse.  Our attorneys can take action against companies and individuals that knowingly or unknowingly use your mark.  If your company sustains monetary damage from trademark theft, our attorneys will do all they can to help you recoup all lost revenue via trademark litigation.  Whether you need a cease and desist letter or need to file a lawsuit for trademark infringement, cybersquatting, trademark tarnishment, trademark dilution, or unfair competition, our attorneys will provide comprehensive, thorough, and unrelenting trademark infringement representation.

Representative Cases

Interactive Life Forms, LLC v. Client.  Willi  Law Firm represented an individual who received a cease and desist letter from counsel for Interactive Life Forms.  Our client was accused of infringing Interactive Life Form’s trademarks, patents, and copyrights due to Internet sales of counterfeit Fleshlight® products made in China.  The case was settled to the mutual satisfaction of the parties prior to litigation.

7-Eleven, Inc. v. Getagadget, Inc.  Willi Law Firm represented Austin-based Getagadget, Inc. in two trademark opposition proceedings in the United States Patent and Trademark Office before the Trademark Trial and Appeal Board (TTAB).  Getagadget sells BIG BITE™ bottle openers and beach toys to mass merchandisers (such as Wal-Mart, Walgreens, and CVS pharmacy), convenience stores, vacation resort gift shops, surf shops, souvenir stores, restaurants, bars, nightclubs, promotional companies, marinas, theme parks, water parks, yacht clubs, and golf clubs in the United States and foreign countries.  7-Eleven sells its BIG BITE® hot dogs in 7-Eleven convenience stores.  7-Eleven alleged that consumers would be confused, mistaken, or deceived into believing that Getagadget’s BIG BITE™ openers and beach toys, which were not sold in 7-Eleven convenience stores, were somehow related to or originated from 7-Eleven.  Alternatively, 7-Eleven alleged that Getagadget’s use of the BIG BITE™ mark for bottle openers and beach toys would somehow dilute 7-Eleven’s trademark for hot dogs.  The cases settled to the mutual satisfaction of the parties, and the trademark opposition proceedings were dismissed.

Apple, Inc. v. Client.  Willi  Law Firm represented a Texas limited liability company who received a cease and desist letter from counsel for Apple, Inc.  Our client was accused of infringing Apple’s patents and trademarks due to Internet sales of counterfeit Apple® iPhone® and/or iPad® adapters, earphones, cables, chargers, and covers that were made in China.  The case was settled to the mutual satisfaction of the parties prior to litigation.

Canon U.S.A., Inc. v. Client.  Willi  Law Firm represented an individual who received a cease and desist letter from counsel for Canon U.S.A., Inc.  Our client was accused of infringing Canon’s trademarks due to Internet sales of counterfeit Canon® batteries and camera accessories made in China.  The case was settled to the mutual satisfaction of the parties prior to litigation.

Global Licensing N.V. v. The Jewelry Channel, Inc. d/b/a/ Liquidation Channel.  Willi Law Firm represented Global Licensing N.V., a Seychelles company in a trademark infringement lawsuit filed in the U.S. District Court for the Western District of Texas, Austin Division.  The dispute relates to protection of Global Licensing’s federally-registered trademark ZULTANITE®.  The case was settled to the mutual satisfaction of the parties.

Otter Products, LLC v. Client.  Willi  Law Firm represented an individual who received a cease and desist letter from counsel for Otter Products.  Our client was accused of infringing Otter Products trademarks due to Internet sales of counterfeit Otterbox® products made in China. The case was settled to the mutual satisfaction of the parties prior to litigation.

Allied Home Mortgage Capital Corporation v. Thomas.  Willi Law Firm represented Virginia defendants in a lawsuit involving allegations of cyberpiracy, contributory cyberpiracy, trademark infringement, and civil conspiracy filed in the U.S. District Court for the Southern District of Texas, Houston Division.  The case was dismissed after a favorable settlement in which Willi Law Firm’s clients received cash.

Practice Areas

Business Entity Formation

Business Law

Civil Appeals

Civil & Commercial Litigation

Estate Planning - Wills, Trusts, and Estates

Intellectual Property

Real Estate Law

Recent Results - Some of the firm's recent accomplishments are listed below.  Visit our Results page to read about some of our latest successes on behalf of our clients.

  • January 17, 2014 - Texas Supreme Court rules in favor of Willi Law Firm's Client.
  • October 11, 2013 - Hays County District Court rules in favor of Willi Law Firm's client in a complex commercial litigation lawsuit by denying a defendant's "special appearance" motion to dismiss for lack of personal jurisdiction.

  • August 29, 2013 - USPTO issues final office action rejecting claims 1-19 and 21-25 in the ex parte reexamination of U.S. Patent No. 7,392,283 filed by Willi Law Firm.

  • August 21, 2013 - Trademark Trial and Appeal Board (TTAB) dismisses trademark opposition proceeding against Willi Law Firm's client.

  • March 25, 2013 - U.S. District Judge Davis, Eastern District of Texas, dismisses patent infringement lawsuit against Willi Law Firm's client.

  • February 20, 2013 - USPTO issues office action rejecting all 14 claims in the ex parte reexamination of U.S. Patent No. 7,392,283 filed by Willi Law Firm.

  • November 2, 2012 - U.S. Court of Appeals for the Fifth Circuit Affirms Trial Court Judgment on Copyright Infringement in Favor of Willi Law Firm's Client.

  • October 19, 2012 - Texas Third Court of Appeals Affirms Trial Court Judgment in Favor of Willi Law Firm's Client.

  • September 27, 2012 - U.S. District Judge Davis, Eastern District of Texas, dismisses patent infringement lawsuit against Willi Law Firm's client for improper venue.

  • May 31, 2012 - U.S. Magistrate Judge Love, Eastern District of Texas, recommends dismissal of patent infringement lawsuit against Willi Law Firm's client.