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PRACTICE AREAS / The Intellectual Property Practice
The Firm’s Intellectual
Property Practice is a complement to both the Firm’s
Corporate Practice and the Firm’s Litigation
Practice and provides representation in the following areas:
Copyright, Trademark,
Trade Secret Protection, Domain
Name Registration and Transfer, Assignment and
Licensing and Art, Entertainment and Sports Law.
Protection of intellectual
property is central to every company’s success. Indeed, a company’s intellectual
property and proprietary information are often its most valuable assets and
must be protected from unauthorized copying and use. Accordingly, the Firm
provides representation to clients in connection with the protection of their intellectual property, including copyrights, trademarks and trade
secrets. Although the Firm does not provide patent advice, the Firm works with
several patent boutiques for clients seeking patent counsel.
COPYRIGHT
Copyright issues concern all
corporate clients at some level. Some clients may only be concerned with the
protection of a business plan or the design of a website. For others, including
certain Entertainment clients, copyright may be more important.
The Firm assists its clients
with copyright registration and provides advice with regard to copyright
assignment and licensing. The Firm also represents clients in connection with
copyright infringement through its Litigation Practice.
TRADEMARK
The Firm provides advice on
trademark law, including the protection of trademarks, service marks and trade
names. Every company has potentially protectable marks, including the name of
the company and the name of any product or service offered by the company.
The Firm assists clients in
identifying legally protectable marks and files applications, including
intent-to-use applications, with the U.S. Patent and Trademark Office. The Firm
may assist clients with international trademark applications, as well, and may
work with local counsel in other jurisdictions, as necessary, to comply with
international application processes.
Through its
Litigation Practice, the Firm also represents
clients in unfair competition and infringement actions arising from the alleged
unauthorized use of a trademark, service mark or trade name.
TRADE
SECRET PROTECTION
The Firm provides advice on the
protection of proprietary information and trade secrets, including formulas and
technical processes, client lists and methods of doing business. The Firm
advises clients on ways to protect their trade secrets from unauthorized copying
and usage. In connection with providing advice on the
protection of trade secrets, the Firm prepares employee non-disclosure
agreements and confidentiality agreements for clients’ use.
Through its
Litigation Practice, the Firm litigates matters
involving the theft or misuse of confidential and proprietary information and
trade secrets.
DOMAIN
NAME REGISTRATION AND TRANSFER
The Firm provides advice
concerning the registration and transfer of domain names. Domain names, along
with copyrights, trademarks and trade secrets, can be valuable intellectual
property. The Firm advises on all types of domain names, including those
registered under the top-level extensions .com, .net and .org.
Through its
Litigation Practice, the Firm handles domain name
disputes, including matters of cybersquatting, and may arbitrate disputes,
pursuant to ICANN rules, when appropriate.
ASSIGNMENT AND LICENSING
The Firm provides advice on the
assignment of intellectual property rights, including copyright and trademark
rights, as well as on the licensing thereof. The Firm also litigates matters
concerning assignment and licensing of intellectual property rights through its
Litigation Practice.
ART, ENTERTAINMENT
AND SPORTS LAW
The Firm advises clients in the
Art, Entertainment and Sports industries. Clients in the Art, Entertainment
and Sports sectors
have important intellectual property concerns, including copyright and trademark
issues, as well as rights of publicity issues. The Firm works with producers,
directors, actors and other film, video, television and theater professionals;
authors and illustrators; singers, musicians, songwriters, music producers and
other music professionals; and athletes and promoters in a variety of sports.
The Firm assists artists, entertainers and athletes in connection with
different types of matters
– from contracts with their agents, to publishing deals, to
endorsements and licensing contracts, to the protection of the artist’s,
entertainer’s and athlete’s name, image and personality rights. Entertainment
clients may call upon the Firm to provide assistance with industry
organizations, including AEA, SAG, WGA, ASCAP and BMI. Sports clients may call
upon the Firm to provide advice in connection with employment with professional
teams.
For some Art, Entertainment and
Sports clients, litigation of their intellectual property interests may be required.
Intellectual property disputes are handled for such clients through the Firm’s
Litigation Practice.
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