Corporate & Business
Case Study: Protecting the Intellectual Property of Invisible Fence

Related People Bruce L. Plotkin
Related Practice Intellectual Property & Technology
Client Invisible Technologies and Radio Systems

Challenge

For more than 30 years, Invisible Fence brand pet containment systems have been the premier electronic containment system for dogs and cats. Because of its prominence, the INVISIBLE FENCE trademark was both infringed and used improperly to refer to all pet containment systems, much like the Kleenex® and Xerox® trademarks may be used improperly to refer to all tissues or all photocopiers. These infringing and improper uses could have weakened and reduced the value of the INVISIBLE FENCE trademark. Invisible Technologies, maker of the Invisible Fence brand pet containment system, wanted to protect its brand and ensure the brand identifies only the unique, quality pet containment systems it provides.

Solution

Brownstein Hyatt Farber Schreck’s Intellectual Property & Technology Group worked closely with Invisible Technologies to protect and enforce its portfolio of trademarks. Following the successful protection of the portfolio, Radio Systems (dba PetSafe), the number one competitor in the pet containment market, later purchased Invisible Technologies and hired our Intellectual Property & Technology team to continue to protect the portfolio.