Intellectual property rights are an increasingly important part of the modern business landscape. At the core of every new product and service brought to market lies an organization’s creative, intellectual, and financial investment. Securing and maintaining the rights to the fruits of those efforts – the intellectual property – is critical to establishing a competitive portfolio and sustaining growth.
Intellectual property does not refer to one universal area, but is actually a catch-all term for many different types of rights, and involves distinct areas of law depending on the rights at issue. Intellectual property law addresses the allocation of rights bestowed after an idea is distilled to a specific and discrete form. Rights over the ideas themselves, in their abstract form, are rarely protected.
Intellectual property rights largely fall into the following categories:
Copyright matters deal with rights in original works of authorship fixed in a tangible medium of expression. This is a broad area that includes writings, movies, music, visual artwork, computer programs, photographs, fictional character, artistic aspects of industrial designs and functional items, and many more.
Patents deal with rights to original inventions and designs.
Right of Publicity
Right of publicity addresses the commercial rights to a person’s name, image, and likeness.
Trademark & Service Mark
Brand names, logos, distinctive packaging, and other markings intended to allow consumers to identify the source of goods or services which are offered in commerce are addressed by trademark and service mark rights.
Trade secrets rights address a wide range of information types. A trade secret can consist of any information that gives your business an economic advantage or derives economic value from not being generally known, and which you make reasonable efforts to keep confidential. The recipe for your business’s “secret sauce” and your internal customer pricing list are examples of trade secrets.
Why your choice of legal counsel matters
By its nature, intellectual property frequently involves cutting edge developments to existing ideas. Against shifting legal and technological landscapes, there is often a fine line between both what is legally protectable (and not) as well as what rises to the level of violating existing intellectual property rights (or does not). With backgrounds in analytical fields including science, business, and technology, our IP team deftly navigates these abstract distinctions, applying nuanced concepts to each client’s unique intellectual property issues and providing the foresight to protect and maximize the value of our clients’ IP portfolios.
Our legal services
From entrepreneurial startups to multinational enterprises, we help businesses acquire, manage, and protect their intellectual property. Our diverse client base spans industries including technology, healthcare, telecommunications, food and beverage, service and retail, and manufacturing.
Registration and strategic business services
Our registration and strategic business services help our clients succeed throughout the business lifecycle by ensuring they are proactively selecting, securing, protecting, maximizing, and fully leveraging their intellectual property rights. This includes advising on which rights to seek, how to best secure them, and assisting with registration, confidentiality agreements, and other agreements that clearly establish ownership of the intellectual property that is being created within – or for – their organization. This also includes assistance with transactional matters that involve existing intellectual property rights they wish to monetize, acquire, or provide to a business affiliate, such as licensing or royalty agreements, as well as making sure intellectual property rights are properly accounted for within larger business transactions.
- Trademark Registration
- Copyright Registration
- Artist and Entertainer Representation
- Agreements for Allocation of IP Rights Created Within the Organization
- Agreements for IP Rights in Commissioned Works Made for Hire
- Licensing and Royalty Agreements
- Agreements for Purchase or Assignment of IP Rights
- Review of IP Protection Policies
- Trade Secret Confidentiality Agreements
- Review of IP Provisions within Broader Transactions
Conflict resolution services
Our IP team includes experienced trial attorneys ready to protect our clients’ intellectual property from infringement and defend against false claims of unlawful use. This may be as simple as issuing a cease and desist letter, or as complex as representation in full-scale litigation.
- Cease and Desist
- Infringement Litigation
- Unfair Competition
- Misappropriation of Trade Secrets
- Challenges to The Validity of IP Rights
- Actions Before the United States Patent & Trademark Appeals Boards