Negotiating Licensing Strategies
Representing Serta, the Quarles & Brady trademark team helped create and develop the Vera Wang and Trump mattress brands by negotiating licenses for the fashion designer’s and real estate tycoon’s names and trademarks. The brands helped launch Serta’s return to key high-end retailers, one of their targeted markets. We continue to work with Serta and Trump to help grow and enhance the brands, to position them in the marketplace, and to police advertising of the brands by Serta retailers. Serta’s licensing strategy has helped propel the company to number-one mattress manufacturer in America.
Positioning Clients for Success
For a major food manufacturer, the Quarles & Brady trademark team helped to promote their C-Store and retail brands through successful sweepstakes, contests, and loyalty programs, and have worked with this client to structure a wide range of other coupons, rebates, and promotional offers.
Closing the Door on Extreme Demands
One of Quarles & Brady’s clients was initially sued for $80 million because of alleged patent infringement—and on the face of the matter, the plaintiff thought it had a pretty good case. Quarles & Brady, however, had other ideas. First, the firm was able to show that the infringement claim was questionable, then the firm proceeded to “knock out” the plaintiff’s damage expert. Through those maneuvers and more, the requested damages went from $80 million to $40 million, then dropped to $20 million, then $15 million, then $12.5 million, and so on until the plaintiff's compensatory damages were at most $1 million, at which point the case promptly settled. Thus, the outcome represented a financial defeat for the plaintiff, as the legal fees it had incurred in pursuit of Quarles & Brady’s client far exceeded its maximum compensatory damages.