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Comprehensive Trademark Law Representation

At the law firm of Gabor & Marotta LLC, our trademark law attorneys offer comprehensive services for clients throughout the greater New York metropolitan area. We represent businesses, investors, restaurateurs, winemakers, craft distillers, craft brewers and other industry professionals who have products, services and ideas that require protection.

Helping Industry Professionals Protect Brand Names And Trademarks

At Gabor & Marotta LLC, we help industry professionals protect their company’s brand names and trademarks. We review and monitor trademark registrations to make sure they are properly registered, renewed and protected. We search trademarks and identify conflicts at the United States Patent and Trademark Office (USPTO) and all state and common law databases.

Our attorneys handle the following matters:

Trademarks and brand names
Trademark monitoring
Trademark registration and licensing
Trademark infringement litigation
Intellectual property matters for wine labels, food or beverage companies
Trade dress and unfair competition
Intellectual property rights in bankruptcy
Succession of intellectual property estate assets to heirs in probate proceedings

We can also negotiate licensing transactions and obtain clearance rights and releases for our clients’ special projects. We effectively advise clients at every stage of the process and skillfully handle all legal and business issues that arise. We create advantages and strategic opportunities at every turn.

Significant Trial Experience In Trademark Cases

Our trial experience in big cases ensures that our clients’ concepts and business strategies meet the mark in the courtroom. Our trial attorneys represent clients in all trademark and copyright enforcement actions in the United States District Courts for the Eastern (EDNY) and Southern (SDNY) Districts of New York and related litigation, including:

Trademark infringement litigation
Copyright infringement litigation
Trademark Trial and Appeal Board (TTAB) appeals and opposition proceedings
Trade dress and unfair competition
Antidilution
Trade secrets
Domain name disputes
Seizures and counterfeit goods

We are dedicated to providing comprehensive solutions and strategies to both startup businesses and established companies. Allow us to put our decades of legal experience to work for your important business interests.

Frequently Asked Questions About Intellectual Property

Intellectual property questions often surface at the moment a business owner realizes their brand may not be as protected as they assumed. The answers below address the most common concerns we hear from business owners and brand builders at every stage.

Does registering my business name in New York automatically give me trademark rights?

No, registering your business name in New York does not give you trademark rights. This is a common misconception that puts new brands at serious legal risk. Registering an LLC or corporation with the New York State Department of State, or filing a local Doing Business As (DBA) certificate, gives you administrative permission to operate under that name in that jurisdiction. It does not give you the exclusive legal right to use that name commercially.

To stop competitors from using a confusingly similar name, you must establish trademark rights through actual commercial use before others do. Formal registration with the USPTO is the strongest way to protect and enforce that right.

How is “trade dress” different from a standard trademark?

Trade dress protects the overall visual appearance or packaging of a product, while a standard trademark protects a brand name, slogan or logo. Both serve different but equally important legal purposes.

In the food, beverage and wine industries, trade dress can include the unique shape of a bottle, a label’s layout and color scheme, or the distinct interior design of a restaurant. To enforce trade dress rights under the Lanham Act or New York common law, a business must prove the design is distinctive and nonfunctional, and that consumers associate that look directly with the brand.

What are the primary elements needed to prove trademark infringement in New York federal courts?

To win a trademark infringement case in the SDNY or EDNY, you must prove ownership of a valid mark and that the defendant’s use of a similar mark creates a likelihood of confusion among consumers. Courts use the Polaroid factors to determine the likelihood of confusion:

Strength of the original mark
Similarity between the two competing marks
Proximity of competing goods or services in the marketplace
Evidence of actual consumer confusion

USPTO registration significantly strengthens your ownership claim, and documented consumer confusion, such as misdirected emails or mistaken purchases, can be decisive in court.