Trademark and Copyright Practice Group

We walk together to help you stand out from the crowd.

During the course of an average day, a consumer is exposed to thousands of brands.  Generic and brand name products are thrown together in a sea of endless goods and services.  In such an environment, strong marks and brands are necessary to ensure you stand out and develop a competitive advantage. We partner with clients to help them get to the ultimate yes—a steady stream of sales—by thinking smarter.

Through a creative partnership, we help determine which trademarks, slogans, logos and designs to protect, and together design a strategy that avoids unnecessarily depleting your budget.  We understand the interplay of creativity and reputation inherent in all copyright and trademark issues, and we work with you to determine what to protect, when to protect it, and ultimately, why.  Our holistic approach brings the legal mind to the creative process, aligns the legal priorities with the business priorities, and helps you move from Mess to Yes™.

If you are looking for preliminary information to help you understand basic trademark concepts, feel free to browse our Frequently Asked Trademark Questions page.

Our primary services include:

  • Trademark Availability and Clearance Searches
  • State, Federal and International Trademark Registration
  • Trademark Maintenance and Portfolio Management
  • Licensing and Assignment Agreements
  • Advertising and Promotion Clearance
  • Copyright Registration
  • Trademark Watch Services
  • Trademark Oppositions and Cancellations
  • Protection and Enforcement of Trademarks and Copyrights

In particular, we have core competencies within the following areas:

Trademark Protection

  • Providing education, presentations and guidance on essential trademark concepts
  • Collaborative counseling on selection and registration of trademarks
  • Trademark clearance searches and infringement analysis (U.S. and International)
  • State, Federal, and International trademark registration
  • Slogans, company and product names—word marks
  • Trade dress
  • Product designs—configuration trademarks
  • Logos—design marks
  • Non-traditional trademarks (sounds, colors, product packaging, scents, shapes)
  • Creating proactive strategies to protect existing marks from trademark infringers
  • Cease and desist letters
  • Protection from cybersquatting
  • Trademark monitoring services
  • Opposition and cancellation proceedings at the U.S. Trademark Office
  • Defending against infringement claims
  • Global trademark audits and opinions
  • Litigation in state and federal courts

Dunlap Codding’s Trademark and Copyright Practice Group litigated one of the first trademark infringement cases involving the issues of genericism and the scope of trademark protection afforded to generic product configurations and trade dress.

  • Mediation and arbitration services
  • Management of international and U.S. trademark portfolios
  • Preparation of internal guidelines and style sheets regarding creating and correctly using trademarks

Copyright Protection

  • Education and counseling on copyright fundamentals and protection
  • Federal and International copyright registration
  • Literary works
  • Musical works
  • Dramatic works
  • Pictorial, graphic and sculptural works
  • Audiovisual works
  • Architectural works
  • Computer software
  • Web sites
  • Licenses and agreements, including work for hire agreements, assignments, and transfers
  • Litigation in state and federal courts

Internet and E-Commerce Protection

  • Web site development agreements
  • Web site terms of service, use agreements and privacy policies
  • Software development and licensing
  • Children’s Online Privacy Protection Act (COPPA) issues
  • Open source and user generated content issues
  • Counseling regarding defamation, gripe sites, parody, cybersmear campaigns, and adverse publicity

Internet Domain Name Acquisition and Protection

  • Registration, acquisition and protection of domain names
  • Domain name disputes through the UDRP (Uniform Domain-Name Dispute- Resolution Policy)
  • Creation of proactive strategies to protect trademarks from infringement on the internet, including cybersquatting and typosquatting
  • Cease and desist letters
  • Negotiation with potential infringers to transfer domain name rights thus avoiding litigation
  • Litigation in state, federal and international courts
  • World Intellectual Property Organization (WIPO) and National Arbitration Forum (NAF) domain name dispute proceedings

Licensing of Trademark & Copyright Assets

  • Counseling and development of confidentiality, non-compete, and nondisclosure agreements
  • Strategic alliances and joint ventures
  • Franchise and distribution agreements
  • Breach of contract litigation
  • Effective management of goodwill through comprehensive licensing agreements

Trade Secret Law

  • Contractual protection of trade secrets
  • Litigation of trade secret misappropriation
  • Preparation of policies, procedures, and guidelines relating to trade secrets
  • Counseling and development of confidentiality, non-compete, and nondisclosure agreements