Full Service Litigation

In its capacity as a full-service law firm, KMT represents clients before state and federal courts of law and regulatory agencies in all manner of proceedings, inquiries and governmental investigations.

We were very pleased with the results that we achieved in working with KMT on our trademark lawsuit. The litigation team was very professional, diligent and successful in protecting our exclusive rights to use the term “Lavatec.” KMT’s efforts resulted in a decisive victory, clarifying and preserving our trademark rights and securing our position and status in the marketplace.

-- Mark Thrasher, Lavatec Laundry Technology, Inc.

KMT's Focus Includes:

Faced with a new world order in which SCOTUS has made the defense of TCPA class actions more challenging, it is now more important than ever to take preventative measures in order to avoid being named as a defendant in a class action lawsuit. Businesses practicing in this space should be working on a regular basis with attorneys versed in the intricacies and nuances of the TCPA, the CAN-SPAM, and telemarketing regulation in general.

 In recent years, there has been a noticeable increase in TCPA class action complaints that are costly to defend and potentially disastrous if the judgment is entered against the defendant. As such, it is critical that marketers, advertisers and businesses consult with experienced counsel to protect themselves against the specter of TCPA class action litigation.

Over the years, everything from telemarketing to fantasy sports have been evaluated by courts of law to rule on whether businesses are conducting fair practices. An experienced lawyer can evaluate applicable statutes and case law to analyze the risk associated with each industry for purposes of guiding businesses through the legal and regulatory minefield.

The FTC has been cracking down on false advertising campaigns across the country.  The penalties sought in such actions, whether initiated by the FTC or state regulators, can be quite severe.  As a result of this risk to marketers, it is important to engage competent counsel prior to commencing any marketing campaign.

In recent years, there has been a noticeable increase in TCPA class action complaints that are costly to defend and potentially disastrous if judgment is entered against the defendant  (See Record Breaking TCPA Class Action Settlement Record Breaking TCPA Class Action Settlement).  As such, it is critical that marketers, advertisers and businesses consult with experienced counsel to protect themselves against the specter of TCPA class action litigation.

We provide assistance with a full range of highly effective litigation services to address any legal or regulatory matters that arise from time to time in connection with our clients’ business ventures. If you need to review your marketing practices and procedures or if you are facing an investigation from the FTC or a state attorney general, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900.

Class action litigation can be daunting to defend.  Increasingly, businesses are including mandatory arbitration and class action waiver provisions in their customer agreements, which are effective in reducing both the costs associated with litigation and the potential recovery of prospective plaintiffs.

State attorneys general and the FTC are increasingly holding advertisers liable for the marketing practices of their third-party affiliates and lead generators.  What this means is that companies cannot avoid regulatory peril by outsourcing their marketing to third parties: all entities in the marketing-to-sale chain must be compliant.  For example, in the telemarketing space, advertisers that utilize lead generators should ensure that these service providers obtain prior express written consent to contact consumers, clearly identify the companies who may contact consumers, and disclose to consumers the purpose (and nature of the content) of the subject calls/texts that they will receive.

Whether you are a sole proprietor looking to start a business, or a business that has been operating for years, it is important to know how to protect your brand and how to avoid violating the trademark rights of others. Hiring a trademark lawyer is always recommended for assisting applicants before and after the trademark application process has been completed.

Many trademark-related legal risks can be minimized or eliminated entirely by working with an experienced trademark lawyer before issues arise.  A trademark lawyer can help to carefully vet domain names and other business branding features (such as logos, designs and slogans) to minimize the risk of unwelcome legal surprises down the road.  Businesses that are interested in trademarking a domain name should consult with an experienced trademark lawyer to help increase the chances of successful registration.

Many trademark-related legal risks can be minimized or eliminated entirely by working with experienced intellectual property counsel before issues arise.  A well-planned legal strategy can help protect trademark owners from substantial liability or even complete loss of a valuable trademark.  Additionally, a trademark lawyer can help to carefully vet names, logos, designs, slogans and other business branding features to minimize the risk of unwelcome legal surprises down the road.

KMT’s New York litigation lawyers represent clients across the country before state and federal courts in suits involving the TCPA, TSR, CAN-SPAM, breach of contract, First Amendment, defamation, copyright and trademark infringement, unfair and deceptive trade practice and domain name disputes. KMT responds directly to consumers and applicable state agencies, with respect to customer inquiries and complaints.

KMT has successfully defended numerous TCPA class action cases, and is adept at pursuing alternative dispute resolution options, such as arbitration and mediation. In addition, KMT assists clients in policing their intellectual property, including the drafting and disseminating of cease and desist and takedown notices for infringement and other causes of action.

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