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Intellectual Property

In many instances, an insurance policy will provide provisions related to advertising injury or other torts which can require an insurance company to defend its insured in a claim related to intellectual property. This type of litigation can range from defending liability claims related to trademark infringement, to dilution of marks, to defamation of a mark. Under Federal Law and State Law, the insured can be exposed to substantial economic damages, injunctions, financial loss and even attorney’s fees if the trademark infringement claim is not properly defended. Kubicki Draper has lawyers who are admitted to the various Federal Courts in Florida, including the Southern, Middle and Northern District. The firm’s lawyers also know how to best utilize the defenses to a trademark infringement or intellectual property claim while navigating the specialized rules that apply in Federal Court. Kubicki Draper’s lawyers will also use their best efforts to establish all available defenses to intellectual property claims, including those related to lack of confusion, prior registration, waiver and good faith. Alternatively, and when necessary our firm’s lawyers have the experience to employ timely resolution strategies and where applicable, the use of targeted defense motions to limit or defeat the scope of an intellectual property claim.

  • Copyright
  • Enforcing Non-Competes
  • Infringement
  • Patent Infringement
  • Theft of Trade Secrets
  • Trademark
  • Unfair Competition (Lanham Act)

PRACTICE TEAM

Benjamin C. Bourdon

Benjamin C. Bourdon

  • Associate
  • West Palm Beach
Maegan Bridwell

Maegan Bridwell

  • Shareholder
  • Tampa
Sean C. Burnotes

Sean C. Burnotes

  • Of Counsel
  • Tampa
Blake H. Fiery

Blake H. Fiery

  • Shareholder
  • West Palm Beach
Jennifer Remy-Estorino

Jennifer Remy-Estorino

  • Shareholder
  • Miami
Jessica M. Silva Vazquez

Jessica M. Silva Vazquez

  • Associate
  • West Palm Beach
Sean-Kelly  Xenakis

Sean-Kelly Xenakis

  • Equity Partner
  • Tampa

Recent Posts

Motion to Dismiss in Commercial Case is Granted and Five Related Cases are Consolidated

Peter S. Baumberger and Raquel L. Loret de Mola, of our Miami office, won a motion to dismiss in a...

Motion to Dismiss for Lack of Personal Jurisdiction Granted in Trademark Dispute

Jennifer Remy-Estorino and Benjamin Cohen, of the Miami office, obtained a dismissal for lack of personal jurisdiction in a trademark...

Dismissal With Prejudice for Lack of Personal Jurisdiction in Copyright Infringement Action in Federal Court

Jennifer Remy-Estorino and Peter Baumberger, of the Miami office, obtained a dismissal with prejudice based on a lack of personal...

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