Litigation

Although most people and businesses would prefer to avoid litigation, sometimes it is necessary to protect their copyright and trademark rights. Zarin & Associates provides you with the tools necessary to make a fully informed decision as to whether or not to pursue litigation. And if you decide to move forward in federal court or another appropriate adjudicative forum, either as a plaintiff or a defendant, Zarin & Associates possesses the experience and skill to obtain the best outcome for you, whether that be through an early settlement or a trial by jury. To determine the best outcome, we first and foremost will want to know your objectives in the litigation. And because we have represented both plaintiffs and defendants in many copyright and trademark lawsuits, we are well versed in the most effective claims and arguments to make as a plaintiff and the best defenses to assert as a defendant, and can often anticipate your opponent’s arguments and defenses before they are raised.

Trademark And Copyright Cease & Desist Letters

In an effort to avoid litigation, many people and businesses who believe their copyrights or trademarks have been infringed opt first to have an attorney write a cease and desist letter demanding that the infringer stop the infringement. This is a cost efficient way to resolve a dispute. Whether you have received a cease and desist letter or have discovered an infringement and wish to send one, Zarin & Associates can assist. We will start by providing you with a thorough assessment regarding the alleged infringement and a plan of action relating to it, which is critical to your decision as to how to proceed.

Trademark Litigation

Your trademark is your brand. The reputation of that brand is vital. The rise or fall of your business depends upon it. If a cease and desist letter does not resolve a dispute with your competitor over a trademark, then litigation may be the only avenue available to ensure the integrity of your brand.

Depending upon the nature of your trademark and of your competitor’s conduct related to that mark, the federal Lanham Act provides for different types of legal claims which may form the bases of such litigation. If a competitor uses a trademark on, or to sell, market or advertise, its goods or services, trademark infringement, unfair competition, false designation of origin, counterfeiting or false advertising claims may arise. If a competitor’s product or packaging design is sufficiently similar to yours, trade dress infringement claims may be available. If a competitor has adopted a domain name that is deceptively similar to yours, a cybersquatting claim may be triggered.

The touchstone of all of these claims is the question whether or not your trademark, trade dress or domain name is likely to confuse consumers into believing that your business is the source of, or is associated with, your competitor’s goods or services or that your competitor’s business is the source of, or is associated with, your goods or services. Under the Lanham Act, multiple complicated factors are considered to decide the answer to this question and those factors have been the subject of an abundance of litigation over many years. Because Zarin & Associates has handled numerous trademark cases, it has the experience and skill to litigate Lanham Act claims whether your business is a plaintiff or a defendant.

Copyright Litigation

Your music, your graphic designs, your photographs, your fiction and your non-fiction are unique. And they are protected by copyright law when you put them out into the world to be experienced by others. If a cease and desist letter fails to resolve a dispute over whether the use or modification of your creative work is infringing, you can seek redress in federal court under the U.S. Copyright Act. Whether infringement of a copyright has occurred is a complex question which can be affected by a variety of factors, including but not limited to licensing, ownership rights, fair use and the statute of limitations. Zarin & Associates has both prosecuted and defended against many copyright infringement cases over the years, with a special emphasis on cases involving musical compositions and sound recordings, and is therefore well-versed in the ever evolving landscape of copyright law and in particular its intersection with music.

Rights of Publicity & Privacy Litigation

Using a person’s persona, name, likeness or even voice without permission may vest that person with claims for violations of their rights of publicity or privacy. Such claims are creatures of state laws throughout the country. Celebrities are especially protective of their publicity and privacy rights and often assert such claims if they perceive a violation of them. But there are defenses available to these claims, which are often asserted alongside trademark and/or copyright claims. Zarin & Associates has successfully defended against several right to publicity and privacy claims and can do the same for you.