Scientific instruments, genomics, cosmetics, gaming, organic food and beverage, nutritional supplements, pharmaceuticals, computer data storage hardware and software, sports apparel, resorts and hospitality, advertising and branding companies, window coverings, architectural products and restaurants and microbreweries, electronics retailers, food and beverage and natural products, online retailers, department stores, warehouse grocers, travel agency, real estate brokerage services, diamonds, banking and financial, cartography, sports equipment, cycling, telecommunications services, cable television, lumber, cattle and livestock breeding, telecommunications and networking hardware, and medical devices.
International Trademark Experience
- Worldwide searching projects to assess opportunities and risks associated with the adoption of new marks, including searching of social media handles, mobile device applications, and icons.
- Gap analyses and securing international trademark registrations for product names and core house marks.
- Trademark registration and enforcement in more than 160 countries.
- Strategy development for optimizing use of regional registries, such as the European Union Intellectual Property Office system, the Madrid Protocol, and national applications filed directly through a handpicked network of foreign counsel who concentrate on trademark matters in their respective countries.
Mr. Havlick pioneered Holland & Hart’s use of flat fees for much of this international work, offering clients budgeting predictability and turn-key pricing that incorporates domestic and foreign lawyer time, as well as the foreign government filing fees.
Trademark and Domain Name Enforcement
- Trademark litigation matters on behalf of both plaintiffs and defendants, involving counterfeit goods, gray market importation, passing off, reverse passing off, sponsorship confusion, dilution, the Federal Anti-Cybersquatting Act, infringement involving metatags and initial interest confusion, and fair use.
- Extensive intellectual property audit experience, as well as assisting clients to develop and implement inventory and asset protection plans.
- Trial experience across numerous trademark cases in state and federal courts, and the U.S. Court of Appeals, as well as before the U.S. Patent and Trademark Office Trademark Trial and Appeal Board.
- Numerous administrative proceedings under the Uniform Dispute Resolution rules of Network Solutions Inc., and the Internet Corporation for Assigned Names and Numbers (ICANN).
- Sought or defended the full spectrum of remedies including actual, statutory and punitive damages seizure actions, ex parte seizures, temporary restraining orders, preliminary injunctions, in rem actions involving domain names and cybersquatters, permanent injunctions, and contempt hearings. The following is a sample of the published opinions resulting from cases he has handled or co-counseled:
- Durango Herald, Inc. v. Riddle, 719 F.Supp. 941 (D. Colo. 1988)
- Metro Brokers, Inc. v. American Condo Exchange Co., Case No. 89-F-219 (D. Colo. 1989)
- Sunward Corporation v. Henry’s Safety Supply Co., 1990 WL 73388 (D. Colo. 1990)
- Birtcher Electro Medical Systems, Inc. v. Beacon Laboratories, Inc., 738 F.Supp. 447 (D. Colo. 1990)
- Russell v. Turnbaugh, 774 F.Supp. 597 (D. Colo. 1991)
- Rivendell Forest Products v. Georgia-Pacific Corporation, 824 F.Supp. 961 (D. Colo. 1993)
- Metro Brokers, Inc. v. Tann, 815 F.Supp. 377 (D. Colo. 1993)
- King of the Mountain Sports, Inc. v. Chrysler Corp. et. al., 968 F.Supp. 568 (D. Colo. 1997), aff’d, 185 F.3d 1084 (10th Cir. 1998)