Litigation

What we do

Litigation Counseling
We take seriously our role as counselors at law, as well as attorneys at law, and we recognize that litigation is not always the best course for our clients. As a result, we advise clients on strategies for avoiding litigation, as well as determining when litigation is an effective tool and when it is not.

Prosecution and Defense of Intellectual Property and Commercial Claims in State and Federal Courts
When litigation is necessary, Botkin & Hall, LLP is a vigorous advocate for our clients’ causes in State and Federal Courts at both the trial and appellate levels with a winning record in the courts. Such litigation includes not only all types of commercial litigation, but complex patent, trademark and copyright infringement matters.   A key element of the representation of our clients in litigation is managing that litigation efficiently and cost effectively, usually at a cost which is less than that charged by firms in larger cities.

Trademark Opposition and Cancellation Proceedings
Botkin & Hall, LLP represents clients before the Trademark Trial and Appeals Board in opposition and cancellation proceedings. In such cases, we defend our clients against attempts to oppose registration of their trademarks or to cancel existing registrations. In addition, we represent our clients when it becomes necessary to oppose a pending application for registration or to seek the cancellation of an existing registration.

Domain Name Disputes
There is a specialized procedure for resolving internet domain name disputes. Botkin & Hall, LLP has the expertise to prosecute claims against those who are using a domain name that infringes upon our clients’ rights and to defend attacks on our clients' rights to domain names.

Alternative Dispute Resolution
Many intellectual property and commercial disputes can be resolved through negotiation, arbitration and mediation. Botkin & Hall, LLP is skilled and experienced in pursuing such alternative means of resolving disputes through mediation, arbitration, private judge solutions and other means when they are appropriate for achieving the goals of our clients.

International Trade Commission (ITC) Section 337 Investigations
When our client’s intellectual property rights are being infringed on an international scale, the International Trade Commission (ITC) provides an alternative procedure under Section 337 to provide dominant remedies that are not normally available in federal courts. Botkin & Hall has vigorously represented clients in these “Section 337” investigations. The key remedy available in Section 337 proceedings are exclusion orders, which direct U.S. Customs and Border Protection to block infringing imports from entering the United States. Alterative remedies available in Section 337 proceedings are tempo­rary exclusion orders and cease-and-desist orders. Botkin & Hall can provide representation in Section 337 investigations in a cost-effective and expedited manner.




Contact:  
Thomas S. Botkin,  tbotkin@bhlawyers.net
Bruce D. Huntington,  bhuntington@bhlawyers.net
Michael D. Marston,  mmarston@bhlawyers.net
Garrick T. Lankford,  glankford@bhlawyers.net


Telephone: (574) 234-3900