Practice Strengths

Baker Hostetler has long-standing relationships and a strong network of associated quality Intellectual Property (IP) firms throughout the world. Through these relationships, we coordinate the acquisition of patent, trademark and copyright registrations, prepare and draft agreements and design and implement enforcement programs in more than 100 countries.

Our IP team has successfully represented clients in “Section 337” investigations at the U.S. International Trade Commission. These proceedings are especially fast, complex and can lead to the issuance of orders that bar importation into the United States of items that infringe U.S. IP rights or otherwise unfairly compete. We record clients' trademarks and copyrights with U.S. Customs, and we subsequently follow up with coordination programs at Customs offices. These programs are designed to educate Customs agents regarding clients' rights, products and authorized dealers to increase the likelihood that infringing goods will be seized at ports and borders.

Members of our team have also consulted on revisions and development of the IP laws for South Korea, Taiwan and Thailand, have served in the office of the Chief Senior Counsel for the Central Government of India and regularly appear in actions before the ITC.

Leadership in Action

IP Litigation: Successfully representing one of the largest shirt manufacturers in the world accused of patent infringement

Client: Esquel Enterprises, Ltd. Of Wanchai, Hong Kong, and Esquel Apparel, Inc. of New York, New York

Type of Matter: ITC Section 337 Investigation

Our Client's Challenge: Alleged infringement of claims in five different U.S. patents owned by TAL Apparel Limited of Hong Kong (and related entities).

The Goal: Ensure that client's products are not barred from the U.S. market.

Our Strategy: Rapidly gather evidence and present arguments on all issues.

Results: Successfully secured the withdrawal of all allegations of infringement against the Esquel companies.

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About Our Intellectual Property Team

Our team of dedicated IP lawyers and patent agents has the diverse backgrounds and core strengths required to ensure that the full spectrum of domestic and international IP is considered in securing IP and formulating IP strategies. Members of our IP team have worked as engineers and in-house patent, trademark and copyright counsel for companies and agencies as diverse as Borg Warner, Capitol Records, DuPont, the United States Patent and Trademark Office (USPTO), the Justice Department (Civil Division, Intellectual Property) and the Federal Trade Commission (FTC).

Our team members also include adjunct IP law professors, columnists, the co-founder of the longest-running journal on computer technology and regular lecturers for the Zurich Institute of Technology, Georgetown University and George Mason University. In addition, our team members frequently speak and write for continuing legal education programs and industry events and are quoted in the press on emerging issues.

Baker Hostetler is a member of the International Trademark Association (INTA), American Intellectual Property Law Association (AIPLA), Intellectual Property Owners Association (IPO), Licensing Executive Society (LES), The International AntiCounterfeiting Coalition (IACC), International Licensing Industry and Merchandisers Association (LIMA), as well as numerous local and regional IP organizations.