The Firm’s Intellectual Property Practice is a complement to both the Firm’s Business and Entrepreneurship Practice and the Firm’s Litigation Practice and provides representation in the following areas: Trademark, Copyright, Trade Secret Protection, Domain Name Registration and Transfer, Assignment and Licensing and Entertainment Law.
Protection of intellectual property is central to every company’s success. Indeed, a company’s intellectual property and proprietary information are often its most valuable assets and must be protected from unauthorized copying and use. Accordingly, the Firm provides representation to clients in connection with the protection of their intellectual property, including trademarks, copyrights and trade secrets. The Firm does not provide patent advice; none of the Firm’s attorneys are patent lawyers. The clients’ patent needs, if any, are serviced by the clients’ separate patent counsel.
The Firm provides advice on trademark law, including the protection of trademarks, service marks and trade names. Every company has potentially protectable marks, including the name of the company and the name of any product or service offered by the company.
The Firm assists clients in identifying legally protectable marks and files applications, including intent-to-use applications, with the U.S. Patent and Trademark Office. The Firm may assist clients with international trademark applications, as well, and may work with local counsel in other jurisdictions, as necessary, to comply with international application processes.
Through its Litigation Practice, the Firm also represents clients in unfair competition and infringement actions arising from the alleged unauthorized use of a trademark, service mark or trade name and handles opposition proceedings before the Trademark Trial and Appeal Board.
Copyright issues concern all corporate clients at some level. Some clients may only be concerned with the protection of a business plan or the design of a website. For others, including certain Entertainment clients, copyright may be more important.
The Firm assists its clients with copyright registration and provides advice with regard to copyright assignment and licensing. The Firm also represents clients in connection with copyright infringement through its Litigation Practice.
The Firm provides advice on the protection of proprietary information and trade secrets, including formulas and technical processes, client lists and methods of doing business. The Firm advises clients on ways to protect their trade secrets from unauthorized copying and usage. In connection with providing advice on the protection of trade secrets, the Firm prepares employee non-disclosure agreements and third party confidentiality agreements for clients’ use.
Through its Litigation Practice, the Firm litigates matters involving the theft or misuse of confidential and proprietary information and trade secrets.
The Firm provides advice concerning the registration and transfer of domain names. Domain names, along with copyrights, trademarks and trade secrets, can be valuable intellectual property. The Firm advises on all types of domain names, including those registered under the top-level extensions .com, .net and .org.
Through its Litigation Practice, the Firm handles domain name disputes, including matters of cybersquatting, and may arbitrate disputes, pursuant to ICANN rules, when appropriate.
The Firm provides advice on the assignment of intellectual property rights, including copyright and trademark rights, as well as on the licensing thereof. The Firm also litigates matters concerning assignment and licensing of intellectual property rights through its Litigation Practice.
The Firm advises clients in the Entertainment industry. Clients in the Entertainment sector have important intellectual property concerns, including copyright and trademark issues, as well as rights of publicity issues.
The Firm assists entertainment professionals in connection with different types of contractual matters, including, among other things, publishing, licensing rights to produce a film based on other works, optioning their own works; and music promotion; protection of an entertainer’s name, image and personality rights; and copyright. Entertainment clients may call upon the Firm to provide assistance with industry organizations, including AEA, SAG, WGA, ASCAP and BMI.
For some Entertainment clients, litigation of their intellectual property interests may be required. Intellectual property disputes are handled for such clients through the Firm’s Litigation Practice.