Covington pioneered the concept of a coordinated global approach to protecting our clients’ intellectual property rights almost 20 years ago. We have implemented programs for the enforcement and enhancement of IP rights in some 60 countries worldwide, and have built an extensive international network of local counsel, investigators and government contacts to accomplish our clients’ goals.
We work closely with each of our clients to understand the impact of piracy, counterfeiting and diversion on their markets and customers; to define and implement those strategies and tactics most appropriate for each client; and to ensure that each client’s program yields tangible results, whether in the form of seizures, settlements, injunctions, increased market share, heightened awareness, increased law enforcement activity or stronger IP laws and penalties.
Global Internet enforcement is a centerpiece of Covington’s anti-piracy practice. Our Internet enforcement group, comprised of in-house investigators, seasoned attorneys and state-of-the-art software tools, monitors the web daily to identify illicit activity in all parts of the world and across all protocols; conducts global, high-volume notice and take-down programs with an impressive rate of success; and coordinates civil and criminal actions against online infringers.
Representative Matters
- For the Business Software Alliance and Microsoft, Covington has coordinated thousands of civil, administrative and criminal copyright enforcement actions throughout the world, generating millions of dollars in settlements and preventing tens of thousands of pirated copies from reaching the market. We are often the first to launch successful enforcement actions against software pirates in developing markets and frequently work closely with local law enforcement, providing necessary training, evidence and support.
- Covington has represented several leading luxury brand owners, including a Coty subsidiary, Davidoff, Montblanc and Parfums Givenchy, in federal courts to obtain nationwide injunctions and settlements against retailers and wholesalers of gray market products. We also have extensive experience with cases involving product tampering and/or commingling of genuine packaging with fake products, and have developed creative legal strategies that maximize border enforcement against unauthorized imports.
- On behalf of the NFL, NBA and other sports leagues, Covington has obtained temporary restraining orders, seizure orders and preliminary and permanent injunctions against the piracy of game telecasts and the sale of counterfeit merchandise. We were victorious in a precedent-setting lawsuit against a satellite carrier transmitting the NFL’s copyrighted programming into Canada without authorization, and have successfully sued more than 300 commercial establishments illegally intercepting NFL game telecasts.
- We have prepared amicus briefs in seminal appellate and Supreme Court cases involving novel and complex issues of piracy, including on behalf of software publishers in Napster and AOL v. Ellison and Metro-Goldwyn-Mayer Studios Inc. v. Grokster.
Accolades
Covington's intellectual property attorneys have been recognized by:
- IP Law & Business - Laurie Self named one of "Top IP People Under 45" (2008)
- The Best Lawyers in America (2007).
- Chambers USA's - America's Leading Business Lawyers (2006-2007).
- PLC - Life Sciences, Which Lawyer? - One attorney recognized for Intellectual Property (2005-2008).
- European Legal 500, Intellectual Property (Belgium) - “…Covington & Burling has a successful IP regulatory practice, the firm also undertakes high-end litigation in the Belgian courts” (2005).
- Legal 500 EMEA (IP Brussels) - “…the firm is also active domestically, and is a good choice for litigation, particularly with respect to the enforcement of IP rights in new media.” (2006).
- Legal 500 (Commercial Litigation EU) - “Covington & Burling is ‘business-orientated and user-friendly’. The lawyers are ‘efficient and responsive’. Areas of expertise include complex commercial contracts, IP, life sciences, product liability, wrongful denials of insurance coverage and environmental torts.” (2005).
- European Legal Experts (2006).
- PLC Global Counsel 2006 - Global Counsel Magazine for “The Life Sciences Industry Super League”- ranked number one in the world, 23 Covington lawyers were recommended as leaders in their fields, including seven lawyers in Europe.
- WORLDleaders European Awards for “Best Achievement in Protecting IP on the Internet” (2005)
- One of our Covington partners is an Elected a Fellow and Vice Chair of the Complex Litigation Committee of the American College of Trial Lawyers.
- Another partner served as a United States District Court Judge for the District of Delaware for ten years presiding over 100 trials.
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