IP Litigation

Intellectual Property Litigation Cases

Sample trademark opposition, trade dress, and infringement matters litigated by Brandon Leavitt in federal court and before the Trademark Trial and Appeal Board.

Leavitt and Eldredge's intellectual property litigation attorney has represented clients in trademark opposition proceedings, trade dress defense, and infringement suits in federal court and before the Trademark Trial and Appeal Board. These cases span patent, trademark, and trade dress disputes handled by Brandon Leavitt for clients across Texas and beyond.

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Our intellectual property litigation attorney has worked on numerous litigation cases. They range from patent litigation to trademark litigation and several other areas of intellectual property litigation. Below are some sample cases that Brandon Leavitt litigated.

Our patent litigation attorney serves the Dallas and Fort Worth areas including Houston.

‘Yellowstone’s’ Taylor Sheridan sues Cole Hauser’s new company in coffee dispute

December 7, 2023

Brandon Leavitt was interviewed by WFAA Channel 8 about “‘Yellowstone’s’ Taylor Sheridan sues Cole Hauser’s new company in coffee dispute.” The reporters asked for Brandon to comment about this case.

KY Home and Garden, LLC vs. AMI Ventures, Inc. et. al., 4:20-cv-3382.

November 22, 2022

In 2019, Brandon Leavitt successfully sued an infringing entity on the grounds that it was illegally infringing on his client’s registered trademark. The matter proceeded before the United States District Court for the Southern District of Texas, where Mr. Leavitt ultimately proved that the Defendant had infringed on his client’s intellectual property rights.

To learn more about Mr. Leavitt’s successful argument in KY Home and Garden, LLC vs. AMI Ventures, Inc. et. al., 4:20-cv-3382, read his Third Amended Complaint.

VERIFY HIM, LLC VS. JESSICA LANNING, TRADEMARK OPPOSITION TTAB PROCEEDING 91252600.

August 8, 2022

Verify Him, LLC vs. Jessica Lanning, Trademark Opposition TTAB Proceeding 91252600.

In 2019, Brandon Leavitt successfully opposed the registration of a standard character mark on the grounds that it would result in a strong likelihood of confusion among consumers pertaining to the applicant’s mark and his client’s registered mark. The matter proceeded before the Trademark Trial and Appeal Board, where Mr. Leavitt ultimately proved that the Plaintiff’s applied-for mark was unregistrable, with the TTAB finding that he had proved that his client was entitled to a statutory cause of action, priority, and likelihood of confusion by a preponderance of the evidence.

To learn more about Mr. Leavitt’s winning argument in Verify Him, LLC vs. Jessica Lanning, Trademark Opposition TTAB Proceeding 91252600, read his Final Brief to the Court, or read the Board’s Final Ruling agreeing with Mr. Leavitt’s arguments on all essential grounds.

PEARSON’S INC. V. ACKERMAN, CIVIL ACTION NO. 7:18-CV-00013-BP.

July 29, 2019

Pearson’s Inc. v. Ackerman et al, Civil Action No. 7:18-cv-00013-BP.

In 2019, Brandon Leavitt successfully defended a small cattle rancher in a trade dress infringement suit by a large manufacturer of cattle chutes. The matter proceeded to a federal trial, where Mr. Leavitt ultimately proved that the Plaintiff’s registered trade dress was invalid and should be cancelled. In a true David and Goliath moment, the Plaintiff had demanded millions of dollars from Mr. Leavitt’s client and lost its own federal trade dress registration in the process.

In establishing his case, Mr. Leavitt demonstrated how the United States Patent and Trademark Office might sometimes grant a trademark or trade dress that is nevertheless unenforceable in other jurisdictions and provided a clear analysis on complex trademark issues such as: functionality, abandonment, fraudulent procurement, laches, unclean hands, equitable estoppel, and fair use.

To learn more about Mr. Leavitt’s winning argument in Pearson’s Inc. v. Ackerman, Civil Action No. 7:18-cv-00013-BP, read his Final Brief to the Court, or read the Judge’s Final Ruling agreeing with Mr. Leavitt’s arguments on all essential grounds.

Common questions

Frequently asked

What kind of intellectual property litigation does Leavitt and Eldredge handle?
The firm's litigation attorney, Brandon Leavitt, has handled trademark infringement suits, trademark opposition proceedings before the Trademark Trial and Appeal Board, and trade dress defense in federal court. Past matters include a successful trademark infringement suit in the Southern District of Texas and a trade dress case defending a small business against a large manufacturer's claims.
What is a Trademark Trial and Appeal Board opposition proceeding?
A TTAB opposition lets someone challenge a pending trademark application before it registers, usually by arguing it would cause a likelihood of confusion with an existing mark. In Verify Him, LLC v. Jessica Lanning, Brandon Leavitt successfully opposed a standard character mark, and the Board found in his client's favor on priority and likelihood of confusion.
Has the firm defended clients against large companies in intellectual property disputes?
Yes. In Pearson's Inc. v. Ackerman, Brandon Leavitt defended a small cattle rancher against a trade dress infringement claim brought by a large manufacturer of cattle chutes. The case went to a federal trial, where the court found the plaintiff's registered trade dress invalid and ordered it cancelled, despite the plaintiff having sought millions of dollars from the defendant.
Does the firm's litigation experience extend beyond the courtroom?
Yes. Brandon Leavitt has been interviewed by news outlets, including WFAA Channel 8, to comment on high-profile intellectual property disputes, such as the coffee trademark dispute involving Yellowstone's Taylor Sheridan and actor Cole Hauser's company. That kind of media commentary reflects the firm's recognized experience in trademark and trade dress litigation.
Who handles intellectual property litigation at Leavitt and Eldredge?
Brandon Leavitt, a partner at the firm, handles the firm's trademark and intellectual property litigation matters, including infringement suits, TTAB proceedings, and trade dress defense. He serves clients across the Dallas and Fort Worth areas, including Houston, and has litigated cases in federal district court and before the Trademark Trial and Appeal Board.