Intellectual Property

Clients rely upon us to advise them on the best methods to protect, expand and leverage valuable intellectual property (“IP”) rights. Our attorneys provide strategic legal advice to our clients to develop, manage and protect IP assets. Their extensive commercial experience allows them to identify IP issues that arise in the current business environment but remain hidden to even the most experienced business people. Our membership in the International Trademark Association provides access to a global network of foreign counsel to advise our clients worldwide.

We assist clients to protect and enforce the following rights:

Trademarks and Branding

Businesses use trademarks and brands to communicate the quality and distinctiveness of their goods and services. Trademarks can be some of the most valuable company assets. Infringement can cause lost revenue and, more importantly, diminished goodwill and reputation. We assist with marks from selection, clearance, prosecution and maintenance to portfolio management, audits, licensing, transactions, watch services, disputes and enforcement.

We have a network of foreign associates to assist with trademark filings outside the US. We select counsel based upon their experience and levels of service and responsiveness. We review counsel’s recommendations and forward communications from foreign counsel to the client and help formulate instructions to foreign counsel.

Domain Names

We advise our clients on the selection and enforcement of domain names used to find the client’s business on the world wide web. We file and defend online complaints under ICANN’s Uniform Dispute Resolution Policy (UDRP). We have assisted clients register new generic Top-Level Domains (gTLDs) and file their marks in the Trademark Clearinghouse to assure domain name applicants are aware of client’s registered trademarks before applying to register an identical domain name and to provide our clients with an early warning of possible infringement.

Advertising and Marketing

Our attorneys counsel companies regarding advertising and marketing law in connection with digital, print and traditional advertising. We provide advice regarding substantiation of advertising claims, the use of testimonials and endorsements and industry-specific claims and representations. We advise advertising firms and marketing departments regarding celebrity endorsements, bloggers and influencer contracts and athletic team, venue and event sponsorships.
We work with clients from conception of the creative through launch. We provide instruction and training to internal advertising firm and marketing personnel regarding proper trademark and copyright usage and designation, and potentially prohibited claims and representations. Our experience also includes counseling clients regarding sweepstakes, contests and other promotional programs, from development of the contest, official rules and terms and conditions to registration and administration of the contest.

Social Media

We assist clients in reserving, using and enforcing their trademarks in social media and analyzing uses and potential infringements. We help clients conduct compliant social media sweepstakes, promotions and contests. We advise clients regarding legal concerns with unauthorized use of social media channels by company personnel promoting company products and related issues of deceptive advertising and compliance with endorsement guidelines. We develop social media policies to protect business interests consistent with employees’ legal rights. We identify and avoid the risk of web site user-generated content by using provisions of the Digital Millennium Copyright Act (DMCA) through appropriate user terms and conditions and internal policies and procedures.

IP Transfers

Our attorneys assist startups to transfer rights and protect IP rights. We have negotiated technology deals to help clients leverage their IP through transactions, including development and licensing programs and transferring technology and know-how. We represent clients in transactions involving the acquisition, licensing and distribution of all types of technology. These deals include software purchases, hardware purchases and leases, licenses and sublicenses, data distribution and licensing arrangements and various reseller, OEM and private label agreements.

Licensing

We negotiate and draft trademark, copyright and patent licenses and various technology agreements, including software license agreements, outsourcing agreements, joint venture agreements, R& D agreements, technology transfer agreements and hosting arrangements.

Copyright

Our attorneys help authors protect their creative work(s) through federal copyright registrations. We counsel clients regarding copyright eligibility, notices, ownership, fair use, licenses and infringement. We assess the use of third party materials protected by copyright, fair use defenses, the scope of license grants and performing rights societies. We file applications to register copyrights, counsel clients on the use of copyrighted materials and provide assistance in obtaining the proper clearances and permissions. We assist client in acquiring and transferring copyrights through acquisitions, licensing or assignment and advise clients on copyright issues encountered on the Internet, web sites and in ecommerce.

Trade Secret Protection Programs

We help clients protect valuable trade secret, proprietary and other sensitive business information. We counsel clients to protect their trade secrets from theft by employees or competitors and maintain their secrecy. We conduct trade secret audits, prepare confidential agreements and employee policies and agreements and counsel regarding strategies to implement appropriate internal protection measures. We advise clients regarding proper use and enforcement of confidentiality, noncompetition and nonsolicitation agreements.