A company’s intellectual property “IP’ is its life’s blood. Theft of trade secrets, trademark and copyright infringement,“knocking off” trade dress, logos or other intellectual property can destroy a company’s business as surely as a natural disaster. As an Intellectual Property Lawyer, the Cochell Law Firm focuses on protecting a company’s intellectual “capital” through various methods, including drafting non-compete agreements, intellectual ‘IP’ ownership agreements, software agreements and when necessary, through litigation. The Cochell Law Firm has experience in all areas of Intellectual ‘IP” litigation, including patent, trademark, trade dress, copyright, false advertising, unfair competition, non-compete, cybersquatting and trade secret cases.
Intellectual Property Lawyer cases include:
- Trial defense on numerous contract and fraud claims for owner of 150,000 domain names blocking involuntary sale of the domain names in bankruptcy and receivership actions. (Texas 2012-2014).
- Trial defense of patent infringement claim, and separate action for client alleging false patent marking against automobile fuel pump manufacturer resulting in settlement.
- Trial defense of copyright infringement claim against record label, resulting in defense verdict on two of three counts. (Texas, 2006)
- Prosecution of an action for theft of trade secrets and breach of contract against Fritz Companies, Inc. Obtained injunctive relief in an action brought by FedEx seeking to enjoin a portion of the proposed merger between Fritz and UPS on the basis that it breached Fritz’s contract with FedEx and threatened misappropriation of FedEx’s trade secrets with a value of $750 million. Case resolved favorably to FedEx.
- Trial prosecution of theft of trade secret claim in NASD proceeding against employee who stole electronic information of financial institution’s data base and joined competitor, resulting in settlement on fifth day of trial including return of electronic information, electronic monitoring of subsequent employer’s computer network system and payment of client’s attorney’s fees.
- Defense of cybersquatting action for small business owner, resulting in summary judgment for the Client.
- Prosecution of action for medical waste/supply company against competitor for false advertising and unfair competition, resulting in favorable settlement after filing of summary judgment motion.
- Prosecution of trade secret action against Accu-Sort Systems, Inc. for theft and misappropriation of trade secrets and ownership of Mass Scanning and Dimensioning (“MSDS”) technology.
- Prosecution of trademark dilution action against Florida corporation using registered name “FedUP’ using FedEx’s trade dress. Obtained Preliminary Injunction ultimately resulting in Consent Judgment and Permanent Injunction for FedEx.
- Prosecution of an action for theft of trade secrets and breach of non-compete agreements on behalf of Willis Corroon Corporation, an insurance brokerage firm against former employees. Case resolved favorably to client after obtaining Temporary Restraining Order against employees’ competitive activities.
- Prosecution of an action for trademark infringement, false advertising and unfair competition on behalf of Utah-based manufacturer of drug delivery systems against unauthorized sales and re¬sales of client’s medical devices by Virginia-based distributor. Consent Decree and Permanent Injunction Entered against Defendant.
- Obtained Temporary Injunction for international freight forwarding/customs clearance brokerage company against employee who breached a Non-Solicitation and Confidentiality Agreement.
- Prosecution of theft of, or inevitable disclosure of confidential information against senior officer of company seeking to join multi-national competitor in financial services industry, resolution including assignment of officer to non-competitive division of company.
Vigorous protection of intellectual property begins with the Owner, who must diligently and aggressively protect against infringers or IP thieves. If litigation appears necessary, the Firm attempts to resolve all IP disputes with “demand” or “cease & desist” letters which, if ignored or rejected by the IP thief, is followed by a complaint, a request for injunctive relief and attorney’s fees to be paid to the Firm’s client.