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Intellectual Property Litigation

Murray Law handles trademark, trade dress and unfair competition disputes, including disputes regarding trade names, trademark infringement, trademark dilution, trademark counterfeiting, false advertising, various forms of trade dress.  Murray Law assists clients with protecting the brand value and good will they developed through their trade names, trademarks and trade dress.  Specifically, the firm advises clients on strategies for protecting trade dress, trade names and trademarks, whether registered or protected under common law.

Murray Law also prosecutes and defends trademark and unfair competition lawsuits in state and federal courts.  The firm has considerable experience in seeking and defending against temporary restraining orders and preliminary injunctions.  Murray Law also handles trade secret litigation.  The firm prosecutes and defends claims of trade secret misappropriation in both state and federal courts.  In addition, Murray Law assists clients in enforcing copyright claims and defending claims of infringement.

Representative Matters

  • Representation of business consulting franchisor in federal court action brought against its terminated franchisee for Spain.  Litigated claims against the Spanish franchisee for damages and injunctive relief arising out of the franchisee’s willful infringement of franchisor’s copyrights, trademarks, and other rights related to its franchised training and consulting service business. 
  • Representation of a packaging and shipping franchisor in state court action against franchisee related to the franchisee’s breach of its franchise agreement by failing to pay royalties and the franchisor’s decision to terminate the franchise agreement. Despite termination of the franchise agreement, the franchisee continued to operate and use trademarks, service marks, trade names and trade dress which infringed upon the rights of the franchisor in violation of law. The action involved claims for trademark infringement; false designation of origin; injury to business reputation and dilution; deceptive and unfair trade practices; misappropriation of trade secrets; and injunctive relief.
  • Representation of quick service restaurant franchisor in federal court action for damages and injunctive relief relating to a former franchisee’s unauthorized use of trademarks, service marks and copyrights.  In addition, the action sought to compel the former franchisee to comply with the terms of a valid and binding non-compete agreement.   
  • Representation of funeral business in federal action against former owners along with their corporate affiliates and subsidiaries, officers, agents, servants, employees, attorneys and those in active concert and participation with them from the unauthorized use of a trade name in providing funeral, cremation or burial services in Monroe County, and from violating the valid non compete agreement.
  • Representation of company and its subsidiary in a federal court declaratory judgment action for (i) non-infringement of copyright, (ii) non-violation of the Computer Fraud and Abuse Act, and (iii) non-violation of state laws governing breach of contract, unfair competition, trade dress, consumer protection and related state torts.  A vendor asserted that the company and subsidiary’s ongoing and planned development, maintenance, marketing and sales of software and products violated rights of the vendor and constituted (i) unfair competition by misappropriation, (ii) breach of contract, and (iii) fraud.  At issue in the litigation was the ability of software publishers to independently and lawfully create products and provide services pursuant to state and federal law, using ideas, procedures, systems, methods of operation, concepts, principles and discovery, regardless of the form in which it was described, explained, illustrated or embodied in a complainant’s work.