Intellectual Property

Intellectual property is one of HFL Law Group’s primary practice areas. The firm’s attorneys possess deep experience in IP law, as well as a track record of success in IP litigation, including a number of influential published decisions.

HFL’s IP practice encompasses both the defense and enforcement of IP rights, such as trademarks, trade names, service marks, trade dress and copyright. The firm has experience representing clients in opposition proceedings, International Trade Commission claims and federal courts.

Some of the firm’s notable cases include:

  • Converse v. Fortune Dynamic – HFL defended footwear company Fortune Dynamic against a trademark-related claim by Converse. The Nike-owned company asserted that it had an exclusive right to generic shoe features, such as a rubber toe-cap. Walmart, Kmart, Skechers and dozens of other apparel companies were also defendants in the dispute, which drew wide media coverage. As a leader of the joint defense group, HFL partner James Fedalen oversaw 15 attorneys working on the case. Mr. Fedalen and his colleagues ultimately achieved a favorable settlement for their client.
  • Fortune Dynamic v Victoria’s Secret – HFL represented Fortune Dynamic in a trademark-infringement suit against Victoria’s Secret. After a district judge granted the defendant summary judgment, HFL successfully appealed and the case was remanded for trial. This published decision has had a significant influence on IP law, providing a strong definition of the fair use doctrine and producing a chilling effect on the granting of summary judgment in IP cases.
  • Tokidoki v. Fortune Dynamics – HFL defended Fortune Dynamic against a trademark infringement claim by apparel company Tokidoki. The decision in the case, which was published and has been heavily cited, is significant in IP law for helping invalidate the outdated Squirt format for determining the likelihood of confusion and for refining the Sleekcraft factors.

Contact HFL Law Group today if you find yourself faced with an IP lawsuit.

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