Intellectual Property
Overview
Protecting your intellectual rights is an often overlooked area. Performance artists, such as bands, painters, writers, etc., often overlook protecting their rights. Business owners need to protect themselves against unscrupulous clients and employees seeking to steal trade secrets and their client lists. Intellectual property law plays an important role in diverse industries such as advertising, computers, consumer products, entertainment, sports, internet, telecommunications, healthcare, publishing, and consulting to name a few. Let me help you protect your intellectual property in ways that promote your revenue and pride.
- © Copyright
- ® Trademark
- Trade Secrets
- Franchise & Licensing
- IP Evaluations and Due Diligence
- Enforcement
© Copyright
Copyrights are the principal business assets for a wide range of businesses including, for example, television production companies and broadcasters, motion picture production companies, recording artists, songwriters and record companies, sports figures, computer software developers, internet companies, and book publishers. We have extensive experience in:
- Clearing rights in copyright owned by others, including, for example, music rights
- Copyright licenses and other transactions involving copyrights such as Original Equipment Manufacturer (OEM) Agreements, Joint Ventures and Strategic Alliances, Web Designer Agreements, E-commerce Agreements IP Escrow Agreements
- Copyright portfolio management including, for example, music publishing
- Content Acquisition Agreements
- Distribution Agreements
- Disputes involving copyright
- Domain name disputes and infringement actions, including ICANN actions under the Uniform Domain Name Dispute Resolution Policy (UDRP))
- Enforcement of copyrights
- Licensing Agreements
- Litigation under various trademark and unfair competition laws
- Registration
- Sending and responding to cease and desist notices
- Loan Out & Publishing Agreements
- Artist/Writer Agreements
- Manager Agreements
- Exchange Offers and Agreements
® Trademark (™ or ®)
There are two symbols associated with U.S. trademarks: ™ (the trademark symbol) and ® (the registered trademark symbol). The two symbols represent the status of a mark and accordingly its level of protection. While ™ can be used with any common law usage of a mark, ® may only be used by the owner of a mark properly registered with the U.S. Patent and Trademark Office (USPTO or PTO). The proper manner to display either symbol is immediately following the mark in superscript style.
- Applications and registration of trademarks
- Domain name protection
- Enforcement of trademark rights and trademark disputes
- Evaluations of potential marks, including searches for availability of trademarks and consultation as your selection
- Litigation to enforce your trademarks
- Oppositions and cancellations
- Sending and responding to cease and desist notices
- Trademark licenses and other transactions involving trademarks
- Trademark portfolio management
- Trademark protection and development programs -- including training of client personnel
Trade Secrets
Do you know the formula for Coke? Or for Colonel Sanders chicken? There is a very good reason why you do not. They are trade secrets. There are several contractual ways to protect your rights, such as non-disclosure agreements, confidentiality agreements, non-compete agreements. They don't do a lot of good once the cow is out of the barn. But you can pursue litigation and maybe recover your damages.
IP Evaluations and Due Diligence:
It is important to conduct evaluations of intellectual property in acquisitions and other situations where the status and/or ownership of intellectual property is at issue.- Rights clearance work for entertainment properties (motion pictures, television programs, computer software, books, music, and websites) involving issues such as copyright, trademark, right of privacy/publicity, defamation, etc.
- Rights clearance work for endorsements and other sports properties
- Errors and Omission Insurance matters, including attorney opinions
- Investor side evaluations
- Intellectual property audits
- Securities Laws Issues
Franchise & Licensing
Ever hear of McDonalds? You might not if they had not franchised their trade secrets, copyrights and trademarks. Entertainment law employs a number of specialized contract agreements. I can help you navigate these somewhat arcane areas of the law.
Enforcement
You worked hard to develop your intellectual property. When someone rips you off, you need experienced and aggressive counsel to protect your rights.