Trademark, Unfair Competition, Advertising Law & Copyright

Trademark, Unfair Competition, Advertising Law & Copyright


We provide a full range of trademark portfolio planning services. We conduct trademark searches and advise on trademark clearance, selection, and enforcement and are known for our ability to secure, maintain, and enforce trademark rights here in the United States and internationally.

Our trademark attorneys assist clients in establishing and enhancing their profiles in the marketplace by securing trademark registrations, and by litigating trademark and unfair competition claims. We frequently aid in the development and selection of trademarks, conduct trademark searches, investigate trademark usage, and prepare clearance opinions for clients.

We have counseled clients on Internet domain name disputes and have participated in opposition and cancellation proceedings before the Trademark and Trial and Appeal Board of the U.S. Patent and Trademark Office. We have also litigated trademark counterfeiting issues. We frequently assist clients with establishing appropriate trademark usage for packaging and advertising, and negotiate and prepare trademark assignments and trademark licensing programs.

We have broad experience in trademark litigation in the federal and state courts, and extensive experience in all the important venues for protecting intellectual property rights. Internationally, we are able to coordinate opposition, cancellation, and infringement against conflicting trademark applications or registrations in nearly every jurisdiction in order to enforce our clients’ trademark rights.

Unfair Competition

Unfair trade practices can include any of a number of allegations, including the misappropriation of trade secrets, false advertising, and unfair competition. Claims of unfair trade practices can arise in all areas of technology, and they often surface in conjunction with intellectual property claims of patent, trademark, and copyright infringement.

Our range of experience in all areas of intellectual property puts us in the perfect position to protect our clients’ valuable assets when they are either pursuing or defending an unfair trade practices claim. Our attorneys work with clients to maximize the protection of their intellectual property and to guide them through the intricacies of unfair trade practice law when issues arise.

As part of the process of preventative counseling, we make sure that our clients have appropriate agreements and licenses in place in the event that a challenge to their assets is made. We are often asked to litigate unfair trade practice claims on behalf of our clients, and we have an outstanding record of success.

Our across-the-board intellectual property experience ensures that we are always prepared to pursue or defend claims involving our clients’ intellectual assets.

Advertising Law

From the FTC to the FDA and beyond, MBHB’s attorneys provide comprehensive guidance regarding all legal aspects of advertising, packaging, and labeling.

Advertising must be truthful and non-deceptive, advertisers must have evidence to back up their claims, and advertisements cannot be unfair. Advertisers need to be aware of, for example, laws that guide or regulate environmental or “green” claims, health-related claims, and, of course, proper use and designation of trademarks and copyright notices.

Packaging and labeling for certain products must carry labels identifying contents, source, quantity, and other information that helps consumers compare products. Companies must consider legal aspects and implications of, for example, country of origin claims, “Made in USA” claims, and ingredient or component claims and identification.

MBHB attorneys have advised clients on advertising, packaging, and labeling considerations in all industries, including in the food, pharmaceutical, and textile fields. Our attorneys assist clients with review and finalization of proposed advertising, packaging, and labeling; we review and analyze competitors’ materials for violations; and we stand ready to defend and enforce clients’ rights before courts and federal agencies.


We have experience in myriad copyright issues. Our attorneys have prosecuted and defended cases involving computer software, music recordings, architectural designs, and other works. We secure temporary restraining orders and conduct product seizures involving copyrighted works when necessary. We also have experience in counseling clients on obtaining and enforcing copyright registrations. At MBHB, we help clients enhance sources of revenue through copyright licensing.

Our attorneys practice all aspects of copyright law. We assist clients in obtaining federal copyright registrations and in enforcing and defending their copyrights in court. We work closely with clients to ensure that they properly maintain their copyrights and make informed choices as to when to seek copyright protection. From the basic task of securing timely registration for our clients’ works at the U.S. Copyright Office to the complex enforcement of copyright protection through litigation in federal court, we take protecting our clients’ rights seriously.

We have negotiated many agreements such as assignments and licenses relating to the transfer of some or all rights embodied in copyrights, and have evaluated the copyright implications of various commercial transactions like mergers and acquisitions.

At MBHB, our copyright experience extends to various products and markets, such as computer software; music, entertainment and literary works; Internet content and clothing designs.


At McDonnell Boehnen Hulbert & Berghoff LLP, we work to obtain broad and comprehensive protection for our clients’ intellectual property, enhancing value through the application of our technological and legal expertise. Our practice areas encompass all aspects of intellectual property law – including litigation, prosecution, and counseling; as well as copyright, patent, trade secrets, and trademark, unfair competition and advertising law.

Each of our experienced attorneys is registered to practice before the U.S. Patent and Trademark Office. We negotiate patent licenses and help our clients establish and manage patent portfolios worldwide. Our core technical competency is extensive. Our attorneys have practical industry experience in a number of technological disciplines and product categories including cannabis, biotechnology and pharmaceuticals, chemical, electrical, mechanical and materials, medical device and diagnostics, software and business methods, and telecommunications.

At MBHB, we know high-technology industries, and we know the law. We work with our clients to provide them with the benefit of our extensive knowledge and experience, so that they can rest assured that their technology assets are protected.

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