Devine Millimet understands that in today’s economy, protection of intellectual property is often the key to achieving and maintaining success in the marketplace. Our litigation team has a long history of helping owners of trademark and patents enforce their rights in the courts and in other tribunals. We also regularly defend infringement cases and similar disputes.
Having one of the largest groups of trial lawyers in northern New England allows us to handle cases efficiently, connecting our clients with the resources most appropriate for the matter at hand. For larger or more complex matters, we are able to call on our bench strength to provide the depth of resources needed to handle the case to a successful conclusion. In addition, when called for, we form teams to take advantage of legal expertise in highly specialized areas, such as patent law, and to take advantage of technical or scientific expertise, such as biology, chemistry, mechanical engineering, electrical engineering, and computer science.
We help trademark owners protect their names and marks from infringement and dilution. Our team helps clients investigate products and services that use names and marks that are confusingly similar, whether domestically or abroad. We handle cancellation proceedings before the United States Trademark Trials and Appeals Board and infringement and dilution litigation in the courts.
Cyber-Squatting and Domain Name Protection
At Devine Millimet, we understand that new technologies can create new sources of conflict, and that the Internet in particular has led not only to vast new opportunities but also new problems. We have helped many clients work their way through the ICANN arbitration process to help resolve disputes over domain name ownership and, when necessary, to obtain injunctions and other relief in the courts.
Counterfeiting and Palming Off
Imitation may be the sincerest form of flattery, but when a famous brand name is copied for unfair commercial advantage, we can help bring it to an end. We help our clients investigate domestic and international counterfeiting and palming off. When appropriate, we involve and work with law enforcement agencies to try to shut down criminal activity.
Our lawyers have handled copyright cases involving the full spectrum of works protected by the copyright laws, including architectural works, advertising, musical works, literary works, and artistic works.
In a case that received national attention, we represented the family of a deceased comic book artist and helped them recover a significant settlement from the publisher, with terms that helped establish the artist’s legacy as the creator of characters that today remain among America’s most loved.
Our litigation team helps prosecute and defend claims of infringement in which one competitor alleges that another is practicing an invention that is protected by a valid patent. We have helped resolve matters involving wireless telecommunications and laser apparatus, processes for stabilizing heavy metals in municipal incinerator residue, software, and business methods.
Our litigators form teams with patent lawyers and help clients work through claims construction and Markman hearings, infringement analyses, challenges to validity and many of the other unique aspects of patent litigation.
We also help clients address claims of infringement brought by non-practicing patent owners -- often called “ trolls” – and when appropriate we can take affirmative measures to stop the use of patent ownership as an unfair competitive tool, drawing on developments in the law such as New Hampshire’s recent enactment of RSA Chapter 359-M, which provides statutory remedies for bad faith assertions of patent infringement.
Trade Secrets and Employee Covenants
Devine Millimet’s litigation lawyers have significant experience bringing and defending claims involving misappropriation and breech of covenants. We regularly advise clients regarding potential claims against former employees who have executed covenants, and find that it is often possible to prevent the misappropriation of trade secrets and other improper conduct by former employees by acting quickly and aggressively as soon as the problem is brought to our attention.
Devine Millimet has brought and defended a number of cases involving the licensing of technology. As examples, we have helped resolve disputes regarding breaches of licenses for 3-D printer technology and for mapping software.
- Devine Millimet has a long history of representing intellectual property owners across the entire spectrum of the economy, including some of the largest publicly held companies and some of the most renowned and successful individual entrepreneurs.
- We successfully defended a famous trademark owned by one of the world’s largest corporations from claims that it infringed a trademark that had been used for decades by a smaller company. We routinely investigate confusingly similar trademarks being used throughout the United States to protect marks owned by one of New Hampshire’s largest companies, and when necessary, take appropriate action to stop such uses.
- In the copyright area, we have handled precedent-setting litigation involving architectural drawings, worked with clients to resolve disputes arising from photographs published on the Internet, and helped protect a broad range of literary, musical and artistic works.
- We have handled patent litigation involving methods and apparatus in a number of different industries. Examples include cases involving excimer laser technology, municipal waste processing technology, wireless telecommunications equipment, and gardening equipment. We also routinely advise our clients in defending against infringement claims brought by “patent trolls,” and in taking advantage of recent changes in the law to stop what is often an unfair practice.