Intellectual Property

Next to its employees, intellectual property is frequently a business’s most important asset in today’s technology driven marketplace. The attorneys in our Intellectual Property Group advise clients about myriad complex issues arising out of the identification, protection and  commercialization of all areas of intellectual property, including know-how and other trade secrets, patents, copyrights, trademarks, information technology and unfair competition.

We assist clients by identifying sources of intellectual property in the client’s operations and establishing programs to insure that the client obtains rights to, and appropriately protects, valuable intellectual property developed with the client’s time and resources.  Our focus as a business law firm also has given our attorneys a great deal of experience in analyzing and assisting with the transfer of the intellectual property in connection with business transactions, including mergers, acquisitions, sales transactions, financing transactions, joint ventures and licensing arrangements.  In addition, our attorneys have substantial litigation expertise pursuing infringement and other actions to enforce rights to intellectual property and in defending infringement claims.

Trademarks and Brand Management

We provide a full selection of services to clients concerning the selection, clearance, registration and enforcement of trademarks and service marks in the United States and throughout the world. In addition to providing clients with advice concerning the selection and availability of marks, our attorneys have substantial experience in preparing, filing and prosecuting U.S. federal and state trademark applications.  We also coordinate with a world wide network of foreign attorneys to protect our clients’ trademarks abroad.  We have worked with clients ranging from Fortune 100 companies to start-ups to individuals.

Our attorneys also represent clients in opposition and cancellation proceedings and in appellate proceedings related to trademark registration before the Trademark Trial and Appeal Board (TTAB), in Uniform Domain Name Dispute Resolution Policy (UDRP) administrative proceedings, and in trademark and unfair competition litigation in federal and state courts.

Our trademark attorneys have a wealth of experience in counseling clients concerning brand management and guiding clients in developing and implementing brand management strategies.  We work closely with our clients to understand their business and goals, so that we may assist in identifying which assets are worth protecting and which are not.   Often we have been able to help identify areas for cost savings and make the client’s brand development and protection process more efficient.

Copyrights

Our attorneys have worked with a broad array of clients across all industries to obtain copyright protection and registration. We also provide comprehensive copyright counseling on ownership and licensing issues, and represent our clients in litigation of copyright infringement actions.

Our copyright practice encompasses computer software, databases, applications and digital rights, as well as more traditional subject matter areas such as books, photographs, movies, and works of art. We advise clients regarding the Digital Millennium Copyright Act (DCMA), fair use, secondary liability, open source, and other emerging issues related to Internet and e-commerce, social media and computer software and applications.

Trade Secrets

Our attorneys develop employment agreements and non-competition agreements that require disclosure and protection of ideas as well as limit the use of intellectual property following cessation of employment. We provide counsel regarding the establishment of internal controls to protect trade secrets. 

Licensing, Technology and Electronic Commerce

Our attorneys also have experience in advising clients regarding licensing and transfer of intellectual property rights, software and other technology agreements and transactions, and liability for transactions over the Internet.

We advise clients in all aspects of licensing and technology transfer.  Our clients include both licensors and licensees, and we are involved at all stages of the licensing transactions.  Our software licensing practice includes inbound and outbound licensing of computer programs and other applications, and our attorneys have represented some of the region’s largest users in this regard.

In addition to licensing and technology transfer, our attorneys prepare and negotiate other important technology agreements for our clients, such as research and development agreements, marketing, private label and co-branding agreements, sales and distribution agreements, OEM and sales representative agreements, end user licenses, hosting agreements, escrow agreements, open source agreements and software as services (SAAS) agreements.  We also advise clients regarding website privacy policies, terms of use and other website agreements.

We also advise clients on liability issues arising from use of the Internet and the World Wide Web, including the Digital Millennium Copyright Act (DMCA), the Children’s Online Protection Act (COPA), the Anticybersquatting Consumer Protection Act (ACPA), the Uniform Electronic Transactions Act (UETA), the Electronic Signatures in Global & National Commerce Act (E-Sign), Section 230 of the Communications Decency Act, and other state and federal laws and pending legislation affecting online businesses.