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Dwight Lueck
OVERVIEW

Dwight D. Lueck

Partner

Indianapolis

11 S. Meridian Street
Indianapolis, IN 46204-3535

P 317-231-7713

F 317-231-7433

Intellectual property litigator, counselor and problem-solver Dwight Lueck delivers solutions that best achieve his client’s objectives — whether by diplomatic negotiation, favorable settlement, trying the case in court or before the Trial and Appeal Board, or by taking proactive measures to avoid a dispute altogether.

OVERVIEW

Intellectual property litigator, counselor and problem-solver Dwight Lueck delivers solutions that best achieve his client’s objectives — whether by diplomatic negotiation, favorable settlement, trying the case in court or before the Trial and Appeal Board, or by taking proactive measures to avoid a dispute altogether.

Dwight litigates intellectual property disputes involving trademarks, trade dress, domain names, copyrights and intellectual property licenses. The subject matter of these cases has ranged from computer software and mobile device apps to ceiling fans. His dispute resolution practice is national in scope, and includes litigation in state and federal courts across the country.

As part of his counseling practice, Dwight advises clients on a wide variety of U.S. and international trademark matters, including clearance opinions on the ability to use a mark, prosecution of trademark applications, litigation to enforce trademark rights, and litigation to protect domain name rights. Dwight also works with companies to address the challenges they encounter when distributing their products and services to the public.

Dwight knows what it takes to succeed before the courts and the Trademark Trial and Appeal Board (TTAB). He has successfully handled trademark opposition proceedings, as well as settlements involving co-existence and licensing agreements. He guides clients through all phases of a TTAB proceeding, from initial complaint to trial.

Dwight has also litigated several cases alleging violations of the antitrust laws, franchise laws, unfair competition, improper termination of distributors and sales representatives, and violation of noncompetition agreements and trade secret agreements. In addition, he advises on proactive strategies to protect his clients’ interests and to avoid violating these laws. He has also advised clients on establishing dealership networks and drafted the dealership agreements used with those networks.

Honors

The Best Lawyers in America, 2008-2024

Indiana Super Lawyers, 2009-2016

World Trademark Review 1000, 2021-2024

EXPERIENCE

Highlights among Dwight’s representations include:

  • Obtained victories for clients in opposition proceedings before the Trademark Trial and Appeal Board
  • A verdict in favor of the owner of an electronic marketplace allowing it to continue using its principal trademark and rejecting the multi-million dollar damages claim brought by the owner of the same trademark who held trademark registrations predating the client’s use of its mark
  • The successful defense of an internet telephony company in a preliminary injunction action brought by a competitor seeking to force the client to change its trademark
  • A complete defense verdict on behalf of a laminates manufacturer on a multi-million dollar trade secret claim brought against it by a customer and tried to a jury
  • An order from the Florida Court of Appeals ordering the trial court to enter the preliminary injunction sought by Dwight’s client, enforcing a covenant not to compete executed by a group of orthopedics sales representatives
  • Summary judgment in favor of a ceiling fan distributor on design patent claims raised by a competitor, and affirmance of that summary judgment by the U.S. Court of Appeals for the Federal Circuit
  • Entry of preliminary injunctions in federal and state courts against sales representatives, distributors and professionals seeking to violate their covenants not to compete
  • Development and execution of strategies for trademark holders to enhance and protect their brands when others are using similar marks
EXPERIENCE
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