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Intellectual Property Matters
Trademarks. Trademarks and service marks include any word, name, logo, phrase, or symbol used to identify the origin of goods or services. Trademarks can include a company name, the name of a service or product, or a product’s non-functional packaging, design or color.
Regarding trademarks, we can assist you with:
- watching for trademark infringements and policing them. See our Brand Bodyguards® website for more information. We have built a trade-secret protected process for doing this effectively. We believe this service of ours is unique in its effectiveness. This is our signature practice specialty.
- trademark selection counseling
- trademark clearance research
- registration with the USPTO or state trademark offices
- post-registration trademark maintenance
- counseling regarding the proper care and feeding of trademarks
- serving as coordinating counsel for obtaining and maintaining trademark registrations in other countries; we can assist you with finding and hiring appropriate trademark counsel in other countries and can coordinate the activities they take on your behalf; we act as your single point of contact
- litigation representation in cases involving trademark infringement, unfair competition or false advertising
- trademark licensing, trademark assignments, security interests in trademarks, trademark aspects of franchise agreements, and commercializing products that include trademarks
- Web domain name protection via trademark registration and auditing Web sites (for both trademark issues and for other intellectual property and other technology law issues).
Patents. A United States patent prevents others from making, using, or selling a patented invention in the United States. The United States Patent & Trademark Office grants patents for three categories of inventions: utility patents, design patents, and plant patents.
Regarding patents, we can assist you with:
- patentability searching
- patent preparation, prosecution and maintenance
- consultation to other law firms in support of patent litigation and litigation appeals
- licensing and assignment agreements
- employee and independent contractor invention disclosure and confidentiality agreements
- technology development agreements
Copyrights. Copyright law protects original works of authorship fixed in a tangible medium of expression. Copyrightable works may include books and articles, software programs, Web sites, photographs, songs, plays, drawings, motion pictures and architectural designs.
Regarding copyrights, we can assist you with:
- licensing and related agreements (such as software-as-a-service deals, software licensing deals, and technology services deals)
- counseling regarding copyright law
- registration of works with the U.S. Copyright Office
- securing copyright ownership vis-à-vis employees and independent contractors
- counseling regarding open source software issues
- related Internet agreements (such as website development agreements)
- protection of Web site content
- unsolicited submission policies
- infringement litigation and appellate matters
Trade Secrets. Trade secrets are information that (1) is not generally known to the public, (2) has economic value because it has been kept confidential, and (3) has been subject to reasonable efforts to maintain its secrecy. Trade secrets may include software source code, production processes, marketing plans, customer lists, vendor lists, product and service ideas, business methods and financial information.
Regarding trade secrets, we can assist you with:
- trade secret identification and general protection
- creating trade secret protection policies
- “clean room” policies for research and development areas
- employee education
- confidentiality, non-compete and non-solicitation agreements for employees
- confidentiality agreements for independent contractors
- pre-negotiation non-disclosure agreements
- licensing and assignment agreements
- unsolicited submission policies
- misappropriation litigation and appellate matters
Other Matters. Often your intellectual property needs don’t fit into just one intellectual property category. We also can assist you with these issues:
- crafting website terms and conditions and privacy policies
- counseling regarding open-source software issues
- software licensing, maintenance and escrow agreements
- software-as-a-service and cloud computing agreements
- software implementation and consulting agreements
- trade dress protection
- product development and manufacturing agreements
- intellectual property audits
- employment agreements concerning intellectual property issues
- employee education programs
- false advertising issues
- overall intellectual property policy development
- litigation and appellate matters regarding software issues
