Intellectual property is often a company's most valuable asset. When this core asset is threatened, traditional litigation, a slow and cumbersome process, may fail to adequately protect a company's patent rights, trade secrets, goodwill, and standing in the marketplace.
Federal law and Utah law provide injunctive relief as a speedy remedy for businesses threatened by an action governed by the Patent Act, the Lanham Act, the Copyright Act, the Uniform Trade Secrets Act, and other intellectual property law.
State and federal law allow for expedited relief to parties which can establish the threat of irreparable harm and meet the other legal requirements for issuance of a temporary restraining order (TRO) or preliminary or permanent injunction. Such orders are issued before the final trial in a matter, often in the very early stages of a case, and the issuance or defeat of a TRO or injunction motion can sometimes make the difference in whether a business can survive to see the end of a litigation matter. In other words, a TRO or injunction can be the high-stakes event in high-stakes litigation.
Attorneys at Magleby Cataxinos & Greenwood regularly seek expedited injunctive and equitable relief for clients in state and federal courts, particularly in the areas of patent infringement, trademark infringement, copyright infringement, theft of trade secrets, unfair competition, trade dress, or breach of confidentiality, NDA, non-competition or invention assignment agreements.
Magleby Cataxinos & Greenwood lawyers are also experts at resisting unfounded claims for expedited TRO or injunctive relief designed to hamper legitimate competition and put a business at an unfair or competitive disadvantage.
Obtaining or resisting TRO and injunction motions demands substantial work in a short time-frame. Document preparation and court appearances may be necessary on a few hours or a few days' notice. The firm's lawyers are prepared to work the hours necessary to protect a client's rights on short notice (part of the firm's philosophy that legal representation is about the client, and not about the lawyer or the lawyers).
Some examples of injunction orders issued in favor of the firm's clients follow:
- ClearOne Communications, Inc. v. Chiang et al., No. 2:07cv37 TC, Oct. 30, 2008 Order (D. Utah 2007)
- Klein-Becker USA et al. v. NDS Nutrition et al., No. 2:04cv00776 TC, Nov. 15, 2004 Order (D. Utah 2004)
For more information or to make arrangements to speak with a member of the firm, please contact us.
Elements of a Successful Intellectual Property Case
Successful intellectual property litigation — from the initial plea for injunctive relief through motions, hearings, discovery and trial, and when applicable, the appeal, — requires an exceptionally high level of persuasive skill on the part of the lawyer, who must analyze and clearly demonstrate subtle distinctions for the judge on an expedited basis.
These cases frequently require expert testimony and management of large and complex banks of technical, commercial, and legal data, often of a highly confidential nature. Magleby Cataxinos & Greenwood lawyers have the experience and resources to handle these challenging cases.
In addition to litigation involving intellectual property, lawyers at the firm are well-versed in business torts, commercial litigation, and other civil litigation. In addition to pursuing claims directly under the Lanham Act, the firm's attorneys will investigate possible state law claims, including those under the Utah Unfair Practices Act, the Utah Trademark Act, Utah consumer protection laws, and the Utah Truth in Advertising Act, ensuring that all avenues of relief are explored.
The firm's attorneys are prepared to offer powerful representation to businesses and individuals in intellectual property litigation involving:
- Trademark infringement
- Trade dress
- Trademark dilution
- Unfair competition
- Theft of trade secrets
- False advertising
- Non-compete agreements
- Theft of intellectual property
- Theft by deception
- Copyright infringement
- Non-disclosure agreements (NDAs)