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.