Command of the Court Room
Litigation is a contest, and the party that wins is the one who has not only good command of the facts and issues, but also a game plan. That plan should address the strengths and weaknesses of the conflicting evidence and map out parallel actions and ancillary remedies to weaken the opposing party’s case.
From day one, the attorneys at Federis & Associates Law Office let clients know where they stand and how their case can be improved. We know how to play the game.
In one case, a client’s registered mark was impugned by another who claimed to have first used it. The question posed was whether such first use without any attempt to register the mark defeats the subsequent registration of client. While Philippine law on the issue of how trademark rights are acquired states that rights are based on registration, not use, a survey of Philippine court decisions reveals that courts, including the Intellectual Property Office, still cling to the notion that use is the basis of true ownership. Our lawyers scoured the records of legislative deliberations and were able to confirm that the Congress intended to abandon use and replace it with registration as basis for acquiring ownership of trademarks. Armed with these records, in 2012, we were able to cause the Intellectual Property Office to concede in one decision that true ownership is now based on registration.
Our lawyers routinely file actions in Intellectual Property Office hearings and in courts to pursue civil and criminal aspects of IP claims. The lawyers at Federis appear for preliminary investigations before prosecutors, and apply for search warrants before criminal courts.
When warrants are issued, our lawyers visit the targeted sites to lend assistance to police enforcers. Our team also pursues IP claims before other administrative bodies. We cancel infringing names in front of the Securities and Exchange Commission and the Department of Trade and Industry.
Seasoned Intellectual Property Lawyers
Our team is well-versed in all aspects of intellectual property claims. Our lawyers have handled cases regarding:
- Trademark infringement
- Patent infringement
- Copyright infringement
- Infringement of trade names, trade dress, utility models and industrial design
- Special trademarks, such as the unique look of a restaurant or the façade of a building
- False designations
- Confusing similarity in name or appearance
While we aggressively pursue litigation, we also counsel our clients to be open to amicable settlement discussions. There are multiple solutions to legal matters and we are conscious of the adverse effect of prolonged and full-blown litigation. A trial can cost time and money, so it is important to understand all of your options.