Wargo & French provides services to its clients in the trademark, copyright and trade secret fields. The firm assists clients in the selection, prosecution, registration and enforcement of trademarks and service marks. Wargo & French attorneys have wide experience in handling traditional intellectual property matters, such as protecting patents, copyrights, and trademarks, as well as in counseling our clients on legal issues relating to the emerging complexities of e-commerce and computer technologies.

Representative intellectual property litigation matters include:

• Represented a leading Internet service provider in a Lanham Act false advertising case that implicated the Communication Decency Act's "Good Samaritan" provisions.
  
  
• Represented worldwide office equipment corporation in trademark infringement, contributory trademark infringement and false affiliation dispute in federal court in California. Obtained a preliminary injunction against the defendants.
  
  
• Represented national publishing company in false advertising, reverse passing off, unfair competition and breach of contract dispute in federal court in Florida. Obtained summary judgment based on copyright preemption under Section 301 of the Copyright Act as to three of plaintiff’s claims. After full jury trial, obtained directed verdict as to Lanham Act false advertising and reverse passing off claims. The United States Court of Appeals for the Eleventh Circuit affirmed the decision against plaintiff in favor of our client. Lipscher v. LRP Publications, Inc., 266 F.3d 1305 (11th Cir. 2001).
  
  
• Represented international fabric manufacturer in trademark infringement, passing off and unfair competition dispute in federal court in Georgia. Negotiated favorable settlement and permanent injunction in favor of client, including the payment of all attorneys’ fees and costs by defendant.
  
  
• Represented national biotechnology corporation in patent dispute pending in federal court in Georgia. Negotiated favorable early settlement on behalf of client.
  
  
• Represented client as national legal counsel in trademark enforcement program for a major German automobile manufacturer and distributor.
  
  
• Represented a clothing designer in various trademark infringement and unfair competition actions pending in federal court in Georgia and Florida. Obtained civil seizure orders and executed seizures along with United States Marshals in two trademark counterfeiting cases. Obtained a judgment after a bench trial against an international duty-free company in the United States District Court for the Southern District of Florida for trademark counterfeiting.
  
  
• Represented a concrete formulator in a four week patent infringement trial in the United States District Court for the Northern District of Georgia. Obtained a jury verdict in favor of the patent holder and a finding of willful infringement of two patents by the defendant.
  
  
• Represented the world’s largest carpet manufacturer in a patent infringement and trade secret misappropriation case in the United States District Court for the Northern District of Georgia involving technology used to manufacture carpet tile.
  
  
• Represented a plaintiff/former employer in a Lanham Act false advertising and restrictive covenant case in federal district court in West Virginia. Sued only one former employee but, after substantially completing the preliminary injunction hearing, negotiated a global settlement including non-parties (the former employee’s new employer and another former employee who had joined the same company), which required the offending parties to pay attorneys’ fees and abide by the terms of the restrictive covenant.
  
  
• Represented an Internet service provider in patent infringement litigation in the United States District Court for the District of Delaware.
  
  
• Defended a publicly traded company in a trademark infringement action in the United States District Court for the Northern District of California. Defeated motion for preliminary injunction and obtained a ruling that plaintiff had abandoned its trademark by virtue of naked licensing. Halo Management, LLC v. Interland, Inc., 308 F. Supp. 2d 1019 (N.D. Cal. 2003).
  
  
• Represented a Fortune 50 company in connection with claims for computer theft and unfair competition arising from misuse of the Internet. Obtained a permanent injunction and a judgment against the defendant.
  
  
• Represented a telecommunications company in a trademark infringement action. Within one month of filing suit, successfully negotiated a settlement requiring Defendant to change its corporate name and notify the public service commission of its name change in every state in which it does business.