Waddey & Patterson, P.C.
THE WADDEY & PATTERSON DIFFERENCE
We have successfully represented hundreds of clients in trademark infringement cases, both in and out of court. We are committed to developing a deep understanding of your business and branding needs, because that knowledge is fundamental to providing effective trademark litigation services as trademark litigation is merely an extension of your business plan.
We are a mid-sized firm able to handle large matters, yet not too large to give attention to your needs and the uniqueness of each IP matter. In short, we have the "intellectual critical mass" your I.P. protection requires. While large firms have checklists that are used in every matter because they cannot otherwise effectively manage their attorneys, we understand that each IP matter is unique thereby allowing us to address each IP matter individually which leads to a better result and lower cost.
Trademark litigation often requires a knowledge of litigation strategies, trial strategies, Trademark Office practices, and branding. While many firms segregate trademark searchers and prosecutors from litigators, we integrate them into the team to provide the balance necessary to understand the intersection between registration practice and litigation.
We have remarkably low turnover where the best legal minds can stay for an entire career. Chances are that the attorney at the beginning of a project will see it through to the end. We do not rely upon the economic model of leveraging associates. We also do not have the overhead inherent with firms in larger markets. Therefore, we can provide you with the services of our senior attorneys at rates charged by junior associates in larger firms. We do not need to resort to over-staffing your case in order to bolster our fees.
CASE STUDY :: HOW W&P ADDS VALUE
We were retained when a startup company was sued in a matter commenced by an order to show cause with a request for a preliminary injunction. The plaintiff was a large and notoriously litigious company who had a reputation for long and costly litigation. After explaining to the client the potential cost and risk involved, we were authorized to offer to proceed directly to trial with a ninety (90) day window to conclude all discovery.
The strategy prevented the plaintiff from spending us into the ground and we advised the defendants they had an extremely strong case coupled with significant counterclaims. It was impossible in that short time-frame for the plaintiff to spend that much money by unleashing a small army of associates.
The matter proceeded to trial about 100 days after filing. The case settled during the first day of trial after the conclusion of the cross of the plaintiff's CEO.
While the exact terms cannot be disclosed, our client's trademarks and web site remain unchanged and it was the defendants who received cash compensation in connection with the settlement. We explained to the clients that while the bills would be steep they would cease within four months and would far less than any typical Federal Court litigation.
We defended a publishing client in a trademark infringement case brought by a competitor. We were able to convince the competitor that arbitration would resolve the matter more quickly and inexpensively. In an arbitration held a few months after filing suit, our client received a judgment of non-infringement.
In a trademark and copyright case involving a video game manufacturer, we obtain a seizure order and temporary restraining order that completely resolved the case in a week.
AVAILABLE SERVICES
- Infringement litigation
- Appeals of disputed matters in the patent office and federal courts
- Trademark oppositions and cancellations
- Validity analysis, infringement analysis and opinions
- ITC and Customs proceedings
Trademark enforcement requires expertise, experience and resources.
The ability to successfully litigate trademark property rights is the key to an effective intellectual property program; the value of such rights is limited if they cannot be enforced. The attorneys at Waddey & Patterson have a strong, proven track record in litigated matters that has ultimately increased the value of the intellectual property assets of its clients.
Cost control is also a key element in successful enforcement. Waddey & Patterson works with its clients to budget prudently for protection of their intellectual property rights and the efficient staffing of litigated matters. In contested cases, the return on investment for the prepared client has demonstrated the quality of legal services is not measured by how much is spent; but rather, by what is accomplished with that budget.
Litigation, ultimately, is about risk. A key component is the risk of the cost to achieve whatever result is desirable. Some firms take every deposition, seek every document and ask every interrogatory. The Waddey & Patterson legal team knows which depositions, documents and interrogatories to focus on. The extensive courtroom experience of the W&P trial team gives you an edge; knowing how the end game will be played makes for better early decision-making.
In addition to representing clients in litigation, the attorneys at Waddey & Patterson serve as expert witnesses on patent and trademark law, technology and damages.
Members of the firm also represent clients in alternate dispute resolution proceedings, including mediation and arbitration. Mr. Waddey also serves, and is certified, as a mediator under Rule 31 of the Tennessee Rules of Civil Procedure. | 
