McDermott Will & Schulte, a global law firm

Trade secrets derive their value from remaining confidential – making employee and executive departures one of the greatest sources of risk. We help you manage that risk through legal and contractual frameworks that control how your trade secrets are shared and used across your organization. When confidentiality is breached, we work to enforce your rights and limit exposure in high-stakes disputes.

With more than 50 trade secret lawyers worldwide, we bring deep knowledge of US and international laws to help you strengthen your competitive advantage across borders. These issues rarely stay in one lane – they surface in hiring decisions, executive departures, business transactions, data breaches, and beyond. We work across practice areas, from IP and employment to transactions and cybersecurity, to provide integrated support.

We help you protect proprietary business information and navigate restrictive covenant and employee mobility issues through strategic counseling, investigations, enforcement actions, and disputes. Our lawyers guide you through trade secret risk at critical moments – when you hire talent, transition key personnel, and negotiate business transactions.

When disputes arise, we develop enforcement and defense strategies designed to protect your business and reputation. We litigate trade secret, unfair competition, breach of contract, and fiduciary duty claims, including claims under the Uniform Trade Secrets Act (UTSA) and the Defend Trade Secrets Act (DTSA). Our lawyers represent clients in trade secret litigation before US and international courts and arbitration forums.

If allegations involve criminal conduct, disputes can escalate into government enforcement actions. We defend against such actions under US law, including matters involving the Economic Espionage Act (EEA) and Computer Fraud and Abuse Act (CFAA).

Unlike other forms of intellectual property, trade secrets must be actively managed to remain confidential. Our trade secret lawyers partner with you to protect, enforce, and defend the proprietary information that makes your business harder to compete with. By advising you on trade secret matters across jurisdictions, we help you sustain a critical competitive advantage.

In recent years, the ease of inventing and going to market has created a competitive global marketplace. Under these conditions, it has never been more important to protect and enforce your valuable patent assets throughout the IP lifecycle to preserve your edge and safeguard your bottom line and business value.

To mitigate risk and capitalize on opportunity to advance your business goals, you need a partner in the courtroom and the boardroom. That’s our bread and butter. We assemble the best team possible for the matter at hand to deliver business-driven solutions for existing problems and innovative strategies to help you stay ahead of the competition.

As the patent litigation landscape grows increasingly complex, with recent precedent-setting decisions from the Federal Circuit of Appeals and the Supreme Court, we offer an IP litigation team well known for protecting and enforcing patents through complex litigation globally. We handle high-stakes disputes for clients across geographies: the US federal district and appellate courts, the US Supreme Court, the International Trade Commission, the Patent Trial and Appeal Board (PTAB) and the courts of Europe and China.

Our lawyers were some of the first filers before the PTAB, and we have earned major patent victories in dozens of federal district and appellate courts, including the US Circuit Court of Appeals for the Federal Circuit—and its predecessor, the Court of Customs and Patent Appeals—where we have argued more than 100 appeals. In appellate matters, you benefit from our IP lawyers’ extensive experience and knowledge around the practices, procedures and judges at the Federal Circuit.

We have a longstanding record of achieving favorable outcomes for clients in high-profile patent districts, including the Eastern District of Texas, District of Delaware, Northern District of California and Eastern District of Virginia, among others. We have also achieved key successes in cases against non-practicing entities (NPEs), and have specific experience in disputes involving technologies such as automotive technology, semiconductors, telecommunications, pharmaceuticals, medical devices and other life sciences products.

At trial, our teams effectively explain complex technology and IP legal principles to both judges and juries in a way that increases the likelihood of achieving favorable results on your behalf. We can also resolve disputes through favorable settlement negotiations. This is the caliber of work we do for our clients every day.

In all matters, we are fearless and relentless advocates for your company, here to protect and enforce your patent assets throughout your business lifecycle.

In today’s global market, your business faces a growing number of challenges when it comes to intellectual property: product lifecycles are short, competition is fierce, and patent laws and regulations have become increasingly complex. To stay competitive and build your company’s value, you require an IP strategy that goes beyond research and development to proactively build a formidable patent portfolio.

Our team has significant experience in all aspects of patent-related law throughout the IP lifecycle. Equally important, our business-first perspective makes us uniquely equipped to understand your goals, your competitors, and the business and legal strategies that can help you go further and build a competitive advantage in your industry.

We offer a deep bench of lawyers and patent agents with advanced degrees and industry experience in mechanical and electrical engineering, computer hardware and software, life sciences and other highly technical areas. As a result, our team not only understands the technology behind your product, but also the legal, regulatory and business issues that present a constant challenge to your company.

Our patent portfolio strategy and asset management team can use that understanding to take a big-picture view of your patent assets, products and distribution channels to identify new market opportunities and partners. That business-first analysis is designed to help your company increase revenues and build the value of your portfolio through licensing, enforcement and other commercialization strategies.

The industry recognizes the caliber of our work in IP—we are engaged frequently as expert witnesses to assist other firms in litigation and to provide expert opinions on legal and technical issues. Let us show you what we can do for you.

Your business depends on the strength of your brand, and trademarks play an important role in protecting that brand throughout your IP lifecycle. Competitors can dangerously impact your bottom line when they encroach on your corner of the marketplace and use—or misuse—your trademarks, capitalizing on your hard-earned goodwill and reputation. False or misleading claims made by those same competitors in advertising to consumers could also cause irreparable damage to your brand.

To protect your company, it’s crucial to have a trusted advisor by your side in the courtroom and the boardroom to enforce your trademarks and defend your intangible assets.

Think of us as that trusted advisor, here to act as business strategists who also happen to excel in IP litigation. With one of the strongest and most active global trademark practices, clients trust us with their high-stakes trademark litigation, and we have significant experience handling trademark and trade dress infringement, false advertising and other related claims in federal district, appellate and state courts in the US.

We have also successfully represented clients in third-party opposition and cancellation proceedings before the Trademark Trial and Appeal Board and in administrative court proceedings around the world—all with the knowledge that every decision should align with your unique business goals throughout the IP lifecycle.

In online enforcement matters, we have successfully resolved numerous domain name disputes for our clients using pre-dispute negotiations and Uniform Domain-Name Dispute-Resolution Policy (UDRP) proceedings before the World Intellectual Property Organization (WIPO) and the National Arbitration Forum (NAF). We have also handled federal court litigation under the Anticybersquatting Consumer Protection Act (ACPA), including the ACPA's in rem provisions, as well as traditional trademark and unfair competition causes of action.

To help protect your valuable IP assets, enforce your trademarks and minimize risks to your business, employees and customers, we can guide you in addressing trademark issues swiftly and effectively.

Consumers today have shrinking attention spans and fleeting brand loyalty, which means building your brand’s identity and reputation—and then protecting it—are paramount. Whether you are launching a new product or protecting your brand from new competition, strategic trademark counsel throughout the intellectual property lifecycle is a necessity.

That’s where we come in. Beyond our legal skill, our business-first perspective makes us uniquely equipped to support all aspects of your company’s growth. From global trademark registration to enforcement and everything in between—including global portfolio management, licensing of brand assets, due diligence in transactions, and litigation — we are deeply invested in your success.

We counsel hundreds of companies on the full spectrum of their international trademark needs, protecting the integrity of some of the world’s most celebrated brands across a variety of industries. Our deep knowledge of your key challenges, competitors and market dynamics allows us to customize our advice and help you go further.

Globally, we move faster on your behalf through seamless, cross-office international coordination in the US and Europe. When it comes to tackling your most challenging trademark issues or filing on an expedited basis, we offer unmatched 24/7 collaboration.

You don’t have to take our word for it. Industry-leading publication World Trademark Review 1000 says, “[They] boasts a large, integrated crew of trademark attorneys that will give any competitor a run for its money” and notes that we are “an IP dynamo that offers wall-to-wall support around the globe.”

Advertising and promotions

Our lawyers have a deep understanding of the complex federal and state statutes and regulations that govern the marketing, labeling, promoting and advertising of products and services. We also represent clients in the advertising and entertainment industries, regularly reviewing and negotiating contracts and copy proposed for advertising, labeling, sweepstakes, contests and other types of promotions to ensure that terms explicitly prevent potential violations of relevant statutes, future litigation from competitors or consumers, or potential investigations initiated by the US Federal Trade Commission. Additionally, we collaborate with our regulatory lawyers as it requires dealing with the FDA and trade regulation.

Clearance, applications, and portfolio management

Strategic coordination and management of trademark portfolios is critical to a successful global brand, and our lawyers frequently advise on prioritizing brand protection resources and helping clients maximize their trademark protection budgets. We know that even the largest and most successful companies do not have unlimited resources; therefore, we counsel our clients in making practical and wise decisions within their target budgets. Our services span all aspects of portfolio management, from strategic global protection and maintenance (where we identify and address gaps in global trademark portfolios) to brand architecture, re-branding, brand revitalization, brand modernization, domain name portfolio management and other sophisticated brand enhancement services. We regularly partner with outside marketing and advertising consultants, as well as creative services companies that specialize in the creation and evolution of brands.

Complex licensing and co-branding

Valuable trademarks may be a source of revenue streams that expand profitability at limited additional expense. We frequently advise clients on brand extensions to new goods and services, co-branding opportunities with other brand owners, and franchising opportunities for better trademark visibility and revenue enhancement. In addition, our trademark lawyers work closely with the Firm’s International Tax and Corporate Advisory practices to provide sophisticated counseling to clients on the global trademark aspects of complex, high-profile transactions, including acquisitions, spin-offs and corporate restructurings involving the disposition of billion-dollar brands.

Cross-border enforcement and anti-counterfeiting

We work with US Customs and Border Protection (Customs) on behalf of many clients to combat the importation of counterfeit goods.  In addition to recording our clients’ trademark registrations with Customs, giving Customs officers the information necessary to seize shipments of counterfeit goods, we also take a more proactive approach to help agents identify suspicious shipments by holding educational meetings with Customs agents. In these sessions, we help agents learn identifying features that distinguish our clients’ genuine goods from counterfeit products. We also have strong working relationships with trademark counsel in nearly every other country of the world. As a result of our long-standing relationships, these colleagues can be mobilized quickly to make emergency filings or tackle infringement problems without delay. We attempt to minimize the number of foreign associates used in each country in order to leverage the volume of work for fixed or discounted fees. Our ongoing relationships with this network of foreign associates allow us to work more efficiently since they know what we expect both in terms of quality and work product, therefore resulting in tremendous responsiveness and a better end product for our clients.

Domain names

An essential part of any global trademark strategy is the procurement, maintenance and enforcement of key domain names. We offer a wide array of domain name services, including domain name acquisition, strategic portfolio assessments, online monitoring for unauthorized registrations, and recovery of domain names from cybersquatters and other infringers. We are also an authorized Trademark Clearinghouse agent, allowing us to protect our clients’ brands and domain names as the number of new generic top-level domains expands. Our lawyers have also represented clients in numerous successful domain name disputes before the US federal district courts and the Internet Corporation for Assigned Names and Numbers (ICANN) accredited arbitration panels.

Oppositions and cancellations

We advise trademark applicants and opposing parties in filing and defending opposition and cancellation proceedings before the Trademark Trial and Appeals Board (TTAB), helping clients navigate the Federal Rules of Civil Procedure and the strict timelines that govern these unique disputes. We conduct effective discovery, draft compelling motions and handle necessary depositions, and have successfully argued a number of cases to the relevant judicial panels. We have helped numerous trademark holders protect their trademarks and prevent competitors and infringers from using such marks unlawfully.

Social media and e-commerce issues

Beyond the issue of the content of advertising and promotions, savvy brand owners recognize that social networking and viral marketing create extraordinary opportunities, expectations and challenges for companies and their brands to interact more directly with consumers. Brand owners communicate and interact with the public more quickly via social networking and must monitor the marketplace in new and different ways to ensure their brand’s message is not corrupted or taken in an undesired direction—even by their fans. In return, brand owners can build brand exposure and value at a significantly lower expense. We help brand owners integrate legal counsel in a comprehensive team approach with marketing, communications and other critical business advice.