Copyright
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 this 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™.
We help our clients brand and protect their reputations—both online and in the “real world”—through the use of trademark, copyright and right of publicity activities. Especially with respect to trademark protection, we counsel our clients to focus early on marks and brands that are lasting, that are memorable and that clearly define their position within the market. We have a communications and marketing professional on staff who works with our clients to navigate both the creative and legal challenges of brand identity and protection—another example of our integrated team approach.
COPYRIGHTS
Our copyright practice similarly includes educating and counseling clients and their employees (especially university and research institute employees), federal and international copyright registration, preparation and due diligence for licensing agreements (of all types), and litigation in state and federal courts. Additionally, we have counseled clients in the preparation of web and software development agreements, terms of service, confidentiality policies, employee and third-party use agreements, and privacy policies, for example.
COPYRIGHT SERVICES
- 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
- Sophisticated copyright filing strategies for group registrations of musical compositions and sound recordings for a record company, as well as works of the visual arts, including mass photograph filing strategy and recommendations for a national aerial imagery company
- Litigation in state and federal courts
LICENSING OF TRADEMARK & COPYRIGHT ASSETS
Our licensing practice includes counseling clients on strategic alliances and joint ventures, on franchise and distribution agreements, and the effective management of goodwill through comprehensive licensing agreements. When litigation is necessary in the case of breach of contract, we are there for our clients.
- 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
- Synchronization rights and master use agreements
- Identification of necessary assignment and work for hire agreements
- Drafting of critical intellectual property agreements including right of publicity, license agreements, assignments, consent agreements, nondisclosure agreements, employment and termination agreements, terms of service, privacy policies and work for hire agreements
INTERNET AND E-COMMERCE PROTECTION
Though the Internet is an essential and commonplace part of our daily lives, behind the scenes a Wild West atmosphere still prevails. We protect our clients from “outlaws” and make sure they stay within the law themselves, including offering counsel to individuals who have been the target of copyright trolls or have been accused of infringement on the web.
We help clients with website development agreements, terms of service, use agreements and privacy policies. We advise on software development and licensing, and on open source and user-generated content issues. We counsel clients on issues regarding the Children’s Online Privacy Protection Act (COPPA). Clients turn to us for help in matters regarding defamation, gripe sites, parody, cybersmear campaigns, and adverse publicity.
Our experience includes:
- Enforcement of trademark rights through the Anti-Cybersquatting Consumer Protection Act
- Software, derivative works, and ownership issues
- Counseling clients in the preparation of web and software development agreements, terms of service, confidentiality policies, employee and third-party use agreements, and privacy policies
- Work-for-hire analysis and agreement drafting
- Website terms of use
- Illegal downloading actions, including copyright troll subpoenas and lawsuits
- Privacy policies
- Fair Use counseling and analysis
- Cease and Desist practice
- Uniform Domain Name Dispute Resolution (UDRP)
- Social media and domain name monitoring and watch services