Creative Representation | Expert Litigation

Areas of Trademark, Copyright and Technology Licensing Litigation Practice

We help clients protect, analyze, manage, and monetize their valuable intellectual property, whether through registration, negotiation, or litigation. From up-and-coming startups to long-established companies and brands, Bartko ensures the best protection and enforcement of trademark, copyright and technology licensing rights.

At Bartko, we understand that helping our clients protect their valuable IP requires a multi-faceted approach, especially in an increasingly dynamic and fast-changing market. Rights arising from trademarks, copyrights, and technology licensing or joint venture agreements stand among clients’ most critical intellectual property. From the earliest stages of protection through litigation, Bartko’s seasoned attorneys have counseled numerous companies on the best ways to strategically protect their IP and have achieved outstanding results for their clients through trademark, copyright, and technology licensing litigation. Ranging across a broad range of technologies and markets, from cases involving software code theft to brand logo infringement and domain name cybersquatting, our attorneys have successfully tried high-stakes cases to both juries, judges and arbitrators, and achieved top-value settlements.

Our depth of substantive and technical understanding, experience handling complex IP litigation, ability to tailor an approach to each clients’ needs, and willingness to take cases to trial ensure the best possible protection of our clients’ legal interests. Together, we are able to analyze the critical technical issues, develop an effective brand protection strategy, and if necessary, present winning arguments to judges and juries. With these skills, Bartko litigators have secured victory at trial, prevailed in injunctive and other dispositive motion practice, and achieved favorable settlements. We are ranked by Chambers among the top California lawyers in Trademark, Copyright and Trade Secret litigation.

Unlike traditional big firm litigators, we are trial lawyers able to think creatively and practically to help our clients achieve their objectives. The lack of big-firm overhead means that Bartko can cost-effectively handle smaller cases, while at the same time prevailing against some of the largest law firms in the country. Whether a startup or a long-established brand, Bartko can help ensure valuable brand and other essential IP rights are protected and enforced.

Representative Trademark, Copyright and Technology Licensing Clients

  • ABD Insurance & Financial Services
  • Actuate Corporation
  • Amgen
  • CPT
  • DiCon Technologies
  • Impinj
  • JP Morgan Chase Bank
  • Neoptix
  • Netlist
  • Obviously Social
  • Quantum Group
  • Raytheon Corporation

Although BartkoZankel is willing and able to take a case to trial to best protect our client’s interests, we understand that sometimes settlement is the prudent way to resolve a dispute. The Firm has an extensive alternative dispute resolution practice, and several of our lawyers are court-approved mediators. We bring this expertise to the table, along with experience licensing intellectual property, to help clients obtain the best possible resolutions.

Representative Cases

Wells Fargo v. ABD

(ND Cal/9th Cir). Twice defeated motions by Wells Fargo Bank for preliminary injunction in trademark case concerning use of ABD business name. Case successfully settled after the second motion was denied.

BMW Trademark Claims

Successfully negotiated and resolved trademark claims.

Cloud Cruiser v. Cisco

(JAMS). Tried arbitration for plaintiff asserting breach of license agreement in deployment and use of database software for monitoring and use of cloud computing.

Netlist v. Diablo and Smart Storage

(ND Cal). Prosecution and trial of trademark, trade secret and patent claims involving HyperCloud® LR-DIMM computer memory module technology.

NextHome v. Realty World

(ND Cal). Achieved favorable settlement for innovative real estate tech client in case brought by entrenched realty franchisor. Successfully investigated and asserted internet domain name cybersquatting and trademark infringement claims on behalf of client to leverage a favorable outcome.

Actuate v. Scicom

(D Minn). Successful assertion of claims for breach of software license agreement and copyright infringement.

Impinj v. Synopsys

(JAMS). Arbitrated license rights and restrictions under asset purchase agreement and the sale of non-volatile memory semiconductor technology.

Actuate v. Raytheon

Successful negotiation and resolution of claims for breach of software license agreement and copyright infringement.

Actuate v. Washington Mutual and JP Morgan

(ND Cal). Litigated and defended WaMu and JP Morgan against claims of copyright infringement and breach of software license agreement. Highly successful settlement obtained at mediation immediately prior to trial.

LumaSense v. Neoptix

(ND Cal). Defended manufacturer of fiber-optic temperature sensors against allegations of trademark infringement and trade secret misappropriation.

Biotech Company

Represented leading biotech company in dispute concerning complex license and contract for supply of key component for multi-billion dollar cancer-related drug.

LG Electronic v. CPT

(ICDR). Prevailed at AAA International arbitration over assignment and ownership of patent rights under license agreement concerning mechanical design of notebook computers utilizing liquid crystal display modules. As a result, patent claims in related case were dismissed.

Frynetics Hong Kong and Kidde Safety v. Quantum Group

(ND Illinois, 7th Circuit and AAA). Represented defendant in trial and appeal of issues under license agreement and then two-week arbitration concerning design of 500,000 recalled carbon monoxide detectors, with alleged damages of $13 million. Final Award entered in an amount less than offered in settlement, and plaintiffs’ request for attorneys’ fees denied.