Register, Protect, Defend
Licensing and Litigation
Your intellectual property is a crucial asset for your business. Whether it is your branding, your content, your ideas or your trade secrets, your intellectual property needs proper handling and protection. We have many years of experience with building and protecting trademarks, registering copyrights and handling contracts, litigation and other intellectual property matters, and forming corporations and limited liability companies. This website will introduce you to our services and acquaint you with our approach.
Trademark registration and maintenance is only one area in which we have significant experience. We also appear on behalf of our clients before the United States Patent and Trademark Office's Trademark Trial and Appeal Board (otherwise known as the "TTAB"), in responding to refusals to register and in defending and prosecuting trademark opposition and cancellation actions. We prosecute and defend trademarks and copyrights in federal courts and assist our clients by drafting a wide range of agreements, including non-disclosure non-use agreements, co-existence agreements, rights of first refusal and matching offer, and licensing agreements. In addition, we assist clients in strategizing for branding, brand building and brand protection across the spectrum, including through use of our automated trademark portfolio management system. We have appeared in federal courts in Vermont, New York, California, Florida and Washington, D.C., and have extensive experience with Paris Convention filings, International Trademarks, Madrid Protocol, WIPO matters, domain disputes, domain name sales and purchases, and Internet issues and disputes.
We serve a wide range of clients, many of them in software and emerging technologies, but also in electronics, fashion, clothing and accessories, food, pharmaceuticals and nutriceuticals, exercise modalities, boxing and mixed martial arts, music and fine art.
We also partner frequently with other law firms, particularly foreign practices who need assistance registering and maintaining their intellectual property in the United States.
We can file your trademarks both domestically and internationally. We have filed and prosecuted (that means brought to registration) many thousands of trademarks throughout the world. This section explains what you will need to provide us with in order to file your trademark and some of the basics of trademark registration.
We have successfully litigated to protect our clients’ Internet domain names, used trademark for cyberpiracy prevention, issued and responded to so-called DMCA takedown notices, participated in ICANN arbitration proceedings, and dealt with cybersquatting. On many occasions, we have helped our clients negotiate the sale and transfer of domain names, sometimes for considerable sums of money. In this section, we will introduce you to some of the basic concepts and procedures of protection in this area.
Written agreements are essential to protecting your intellectual property, whether trademarks, copyrighted content, potential inventions or trade secrets. This section discusses the kinds of contracts we prepare for our clients, from LLC operating agreements to non-disclosure and confidentiality issues to work for hire agreements and trademark and content licenses. We have served some of our clients from early start-up through acquisition or public offering, and we know how important it is to protect your intellectual property in writing at every stage.
"Non-competition" agreements have become more common over the last ten years even while courts give them mixed reviews. In addition, the presence of the Internet in the workplace has created new problems for employers in terms of protecting both their intellectual property and public image. This is a rapidly evolving area that needs to be addressed in employee handbooks and policies, as well as in employment contracts, even ones that are "at will." This section provides an introduction to these issues from the standpoint of both employers and employees.