Our attorneys have broad and deep experience in providing individually tailored solutions to our clients so as to protect, license, and defend their copyrights, trademarks, and trade secrets.

Copyright.

When you are an author of an "original work," you are generally entitled to copyright protection. An "original work" can include software, paintings, writings, dramas, and musical works. As a copyright owner, you have the right to stop others from partially or completely reproducing your copyrighted materials. But others have the right to "fair use" of your work. In addition, in many cases, you will need to have a registered copyright with the U.S. Copyright Office in order to enforce your rights in federal court. The law in this area is complex.

But it need not be. We have counseled numerous clients on how to use copyright law so that they receive maximum returns for the authorized and unauthorized use of their creative works. We have also guided our clients so that they do not take actions that may be construed as copyright infringement, including by violating their previous employer’s rights in a work the client created as an employee.

Trademark.

Trademarks serve to identify your business as the source of its goods or services. These words, symbols, or designs become more valuable as your business grows. Trademarks registered with the United States Patent and Trademark Office ("USPTO") generally receive more protection than trademarks that are not registered. That is precisely why most businesses who intend on receiving venture capital money or who intend on going public eventually have a registered trademark. For these reasons, we advise our clients on how to select a mark that is a viable candidate for registration.

Even when our clients have already used a trademark that cannot be registered with the USPTO, these marks still receive protection under what is called the "common law." We have advised our clients about their rights under the common law, and how to stop others from infringing their common law trademark rights. In addition to ensuring that our clients’ trademarks are properly protected, we have advised them concerning the licensing of their trademarks for use by others via franchise agreements and otherwise. We have also drafted and negotiated appropriate licensing and co-existence agreements that fit our clients’ particular needs.

Trade Secret.

Today's highly fluid global economy is synonymous with increased employee mobility and spin off companies. That is why trade secret protection is of the utmost importance. Trade secret can protect your recipes, formulas, devices, techniques, patterns, data compilations, and methods which are essential to the survival of your business but which are not subject to patent or copyright protection. We will clearly and concisely advise you as to what qualifies for trade secret protection. We will then develop and implement trade secret policies and procedures tailored to your business.

With the necessary safeguards in place, you can then protect your own enforceable trade secret rights, including by seeking an injunction or damages under the Uniform Trade Secrets Act or the Economic Espionage Act. Finally, we will advise you on how to leverage your trade secret so as to generate revenue streams and open new markets. These contracts may be simple licenses or joint ventures that provide product and market access to both parties.