Intellectual Property Litigation

When the solution isn’t black or white, you need out-of-the-box thinking that brings your adversaries to the table and your case to a close.

Downs Rachlin is known for creative strategies that resolve disputes to meet our client's goals. Our IP trial lawyers have litigated cases across the country seeking and defending against injunctions and damages concerning trade secrets, copyrights for the description of thousands of food products sold over the Internet, trademark disputes with the largest media company in the world and cutting edge patents covering innovative LED lighting, automated packaging machinery, snowboard bindings, plastic mold making dies, medical devices, mobile surgical facilities, hand pumps, and other technologies. If you'd like more information, please contact Bradford Foley or Lawrence Meier

You are our most important collaborator.

Because no one knows your business like you do, you are a crucial part of our working team.  At the outset of your case, we will work with you to develop a litigation plan that meets your needs—including strategy, objectives, communication and budget.  As events unfold, you can expect to be closely involved in strategic discussions and quickly informed of developments.

Boots on the ground.

Downs Rachlin lawyers are thoroughly dialed in at the local level. Our lawyers have clerked for local courts, run community organizations and participated in industry groups and local bar associations. Our experience provides inside knowledge of the northern New England legal scene.

Our litigators have appeared in both state and federal jurisdictions across the country. Should your matter take you beyond U.S. borders, our position as the exclusive member firm in Vermont for Lex Mundi – the world’s leading network of independent law firms with in-depth experience - provides one-call access to lawyers in 100+ countries worldwide.

Recent Accomplishments

Down Rachlin Martin’s experienced intellectual property attorneys partner with individual and business clients to define and pursue strategies that lead to successful outcomes. Members of our team have:

  • Represented a large, international computer components company in enforcing its patents resulting in a settlement of more than $30 million for the client.
  • Successfully defended an international dental materials and equipment company in patent infringement litigation, achieving dismissal of all claims on summary judgment, and successfully defended the judgment at the Court of Appeals for the Federal Circuit.
  • Represented a small foreign manufacturer of marine equipment in enforcing its patents, resulting in settlement and removal of a competitor from the market without need for a trial.
  • Represented and defended a world-renowned sports equipment manufacturer in various trademark and patent infringement cases.
  • Represented a cutting-edge marketing client in a trademark dispute against a large competitor that threatened to usurp the client’s trademark and associated goodwill.
  • Successfully defended a trademark owner against an attempt to disallow the trademark before the Trademark Trial and Appeals Board (TTAB).
  • Obtained a defendant’s judgment against a claim of trademark infringement for a “talking” Christmas Tree.
  • Obtained a $7.5 million judgment – the largest in Vermont history – at trial for a small Vermont software company against a disloyal former employee and his new employer, a large international software company, involving theft of technical trade secrets.
  • Defended a trade secrets and unfair competition case against a group of top level investment managers who left a large Vermont company to form their own venture.
  • Successfully defended at trial a building owner against a claim of unauthorized use of architectural plans.
  • Represented an architectural design firm in a copyright dispute against a developer who constructed buildings using the client’s copyrighted designs.
  • Enforced copyrights for a music licensing organization.
  • Successfully defended a publisher against claims of copyright infringement.
  • Represented various clients in proceedings against Internet domain name "cybersquatters" under the ICANN Uniform Domain Name Dispute Resolution Policy.
  • Represented clients in IP litigation matters arising in a wide range of other industries, including outdoor apparel, on-line grocery shopping, granite etching, animal grooming and pet toys.
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