| Intellectual
Property, Trade Secret and
Unfair Competition
Trade Secret Misappropriation Practice
Conkle, Kremer & Engel frequently represents plaintiffs and defendants in trade secret misappropriation matters. We successfully defended a large case between two telephony and data equipment resellers, after our client hired key employees from a failing business that was later acquired by a competitor. Our tactical use of discovery and investigation led to a mediation and a favorable settlement. We prosecuted to a successful resolution claims of trade secret misappropriation and unfair competition when an importer's business was raided by a competitor who took employees and customer lists. We pursued trade secret claims on behalf of a Fortune 100 client whose programming for updating newspaper website feeds was misappropriated by a former client. Conkle, Kremer & Engel successfully defended trade secret claims after partners in the food industry split and one acquired the partnership's property. And we efficiently obtained dismissal of claims by a prominent lighting company that charged its former employee with misappropriation of product development ideas.
Domestic & ForeignTrademark Services
For more than twenty years, Conkle, Kremer & Engel has perfected trademark registrations, both foreign and domestic. In conjunction with our network of foreign associates, we routinely prosecute and manage trademark registrations throughout the world. Currently we maintain over 500 trademark registrations for our clients, in more than 50 countries throughout Europe, Asia, North America, South America, Africa, Australia and the Middle East.
We assist clients to overcome "refusal" office actions by submitting effective arguments to convince the Trademark Office examiners to change position and allow registration of our clients' trademarks. Conkle, Kremer & Engel also protects clients through opposition of registration of infringing marks and cancellation actions.
Conkle, Kremer & Engel frequently assists clients with the purchase of intellectual property, including trademarks, patents and copyrights, through investigation, documentation and perfection of the transfer. We record transfers of ownership and trademark assignments in the United States and throughout the world.
When necessary to protect a client's rights, Conkle, Kremer & Engel takes action to stop infringement of our clients' trademarks. We have successfully litigated many infringement and cancellation actions, including both prosecution and defense of claims.
Patent Litigation Services
Throughout its existence, Conkle, Kremer & Engel members have always included both registered patent attorneys and attorneys with significant patent litigation experience. When necessary to protect a client's rights, Conkle, Kremer & Engel takes action to stop infringement of our clients' patents, or defends patent infringement assertions by opponents. We have successfully litigated many patent infringement and cancellation actions, including both prosecution and defense of claims.
Dispute Resolution
Disputes about intangible rights such as trade secrets, trademarks, trade dress, patents and copyrights can severely damage a business. For more than twenty years, Conkle, Kremer & Engel has handled all types of intellectual property and unfair competition matters, whether in administrative proceedings, in court, or in arbitration or mediation. William C. Conkle is a registered patent attorney and can help resolve disputes concerning patent rights.
Our attorneys have recovered multi-million dollar verdicts and successfully defended high-risk cases. We have obtained immediate and permanent injunctions against infringement, dilution and diversion, and have prevented abuse of clients' intellectual property, including internet domain names and trade dress.
Conkle, Kremer & Engel Matters Involving Intellectual Property and Unfair Competition Disputes
Conkle, Kremer & Engel's matters in intellectual property and unfair competition fields include:
- CK&E made a presentation to the National Intellectual Property Law Institute, in Washington D.C. Manufacturers and distributors learned of a variety of civil remedies available to enforce their rights against product counterfeiting. See CK&E's NIPLI presentation slideshow summary.
- CK&E wins injunctions and judgments in major litigation action against more than 40 defendants involved in diverting professional hair care products manufactured and distributed by Joico Laboratories.
- Court injunctions against PriceCostco's wrongful diversion of gray market goods, professional hair care products manufactured and distributed by Joico Laboratories and Sebastian International. PriceCostco violated those injunctions by continuing prohibited activity, and has been held in contempt of court.
- $5.5 million jury verdict, including punitive damages against L'Anza International, a major hair care product manufacturer and its president Robert DeLanza, for unfair competition against another manufacturer.
- Innovative remedies to enforce trademark rights of a large purveyor of foods, against a restaurant chain using its name. Conkle, Kremer & Engel obtained Court orders that the restaurant's signs be removed and all revenue of the restaurant should be collected to pay fines and expenses of the enforcement proceedings.
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