Dispute & Infringement

Most trademark dispute cases begin with a “cease and desist letter”—a demand from one company to another, telling them to stop using an already trademarked name, product or service, slogan, or logo.

Since 1999, EMP&A has represented hundreds of clients in all aspects of trademark infringement matters—either as plaintiffs or as defendants—and our goal is always the same: to provide cost-effective, experienced counsel and to seek a resolution that benefits the client’s brand as well as its business.

Many of our clients are small- to mid-sized businesses, but that doesn’t stop us from going up against some of the nation’s largest companies.

EMP&A has, in fact, successfully defended and resolved more than 20 cases against household-name organizations, with the result that our clients won permission to continue using their trademarks. Opponents have included:

  • Adidas
  • Disney
  • Gianni Versace S.A
  • Kraft Group, owners of New England Patriots
  • Microsoft
  • Payless ShoeSource Worldwide, Inc.
  • RE/MAX
  • Starbucks
  • U.S. Department of the Army
"We started registering trademarks on our company name and soon discovered there was another company with the same name in another state. Erik helped us navigate through the process, and he handled our filings for us and told us what was going on each step of the way."
Nick Fishman

Our experience doesn’t end there; we have also received six-figure settlements for multiple clients; represented clients before the U.S. Court of Appeals for the Federal Circuit; and presented dozens of oral arguments before the Trademark Trial and Appeal Board (TTAB).

Have you received a ‘cease and desist’ letter, or are you thinking of sending one?

Key considerations to address include: How similar are the names, products, services, or logos? Are your businesses related? Who used the name first? Is there a compromise that might be reached? If the two companies vary greatly in size, will one end up looking like a bully? EMP&A has written and responded to countless trademark demand letters.

How Can We Help You?