Andrew Avsec is a co-lead of Crowell & Moring‘s Technology Litigation, Trademark & Copyright practice. Andrew advises clients ranging from Fortune 100 companies to startups on complex brand protection, copyright, advertising, trade secret, and social media issues. Andrew has had the privilege of representing some of the world’s most prominent brands. WTR 1000 reports that clients find him to be “smart, practical, responsive, knowledgeable and with unfailing common sense, he’s the complete package.” Another source says that Andrew has “exceptional international awareness and understands the business needs of his clients.”
As a litigator, Andrew represents clients in district court litigation, Trademark Trial and Appeal Board (TTAB) oppositions and cancellation actions, arbitration proceedings, and domain name disputes under the Uniform Dispute Resolution Policy. Andrew also has significant experience leading global disputes across a number of jurisdictions.
Andrew’s counseling practice includes developing global trademark protection and enforcement programs, prosecuting trademarks and copyrights, implementing global trademark protection and enforcement programs, analyzing trademark searches, advising on brand expansion projects, developing global trademark filing strategies, evaluating advertising claims, and counseling clients on right of publicity issues. Andrew also works with companies to conduct intellectual property audits and develop customized corporate IP policies. His practice also includes providing advice on intellectual property transfers, preparing licenses, and conducting due diligence. Prior to joining Crowell & Moring, he was a shareholder and the co-chair of the Trademark practice at Brinks Gilson & Lione.
Andrew volunteers at Legal Prep Charter Academies, Chicago’s first legal-themed charter high school.
Companies trying to compete for supermarket shelf space and consumer attention frequently turn to packaging and product designs that will stand out. If the product succeeds, one unfortunate side effect for the brand owner is the market can become flooded with “me too” products that attempt to ride on the coattails of that success. How do owners of unique products protect themselves? Trade dress protection is one legal tool that companies should consider.
The U.S. District Court for the Central District of California recently issued a decision in the closely watched Patagonia, Inc. v. Anheuser-Busch, LLC, 19-CV-02702 case. Here, the clothing company Patagonia sued the beer company Anheuser-Busch for trademark infringement, unfair competition, dilution of a famous mark, and cancellation of Anheuser-Busch’s various PATAGONIA trademark registrations. Anheuser-Busch moved to dismiss certain claims, including the dilution claim, for failure to state a claim under Rule 12(b)(6). The court issued a decision finding that Patagonia had adequately pled its dilution claim. The case provides trademark practitioners with insight into early case strategies when asserting and defending against a trademark dilution claim.