Trademarks | Copyrights | Trade Secrets
Trademark Attorney | Copyright Lawyer | IP Infringement
The Internet has created huge opportunities for companies of all sizes to communicate their brand messages and efficiently sell products and services to consumers. Its global reach, openness, and largely unregulated character have also created an open opportunity for easy trademark abuses.
Our Internet Lawyers work with privately-held businesses of all sizes with both filing and registering trademarks (word and image marks), copyrighting original content, and enforcing both registered and unregistered intellectual property.
- Intellectual Property Rights in Cyberspace
- Trademark Registration
- Internet-Related Patents
- Trademark Monitoring & Enforcement
- Proactive Protection of Trade Secrets
- Enforcement of Trade Secrets
- IP Infringement Litigation
Intellectual Property Rights in Cyberspace
Intellectual Property law is governed by principles of territoriality (meaning that protection in one country does not mean that protection exists in any other country). In the online environment, however, where it is relatively easy to maintain an anonymous identity, (i.e. using offshore Internet service providers (ISPs) or servers), trademark and copyright infringers can dodge legal action initiated by courts or administrative bodies in the countries in which they have a virtual presence and in which they generate profits.
Infringing websites continuously morph and change, as do the identities of online IP infringers. Doing nothing is not an option for businesses seeking to safeguard their brand equity in both the online and offline worlds. A multi-faceted and proactive trademark protection strategy allows a company to act swiftly and effectively against infringers on multiple fronts while also discouraging would-be infringers and sends a strong message to customers that the brand owner is actively seeking to safeguard their business interests and assets.
Trademark and Copyright Registration Attorney
The intangible assets of a business are just as important as the tangible assets of a business, and in many cases may be more valuable. Developing and protecting your Intellectual Property takes more than just being first in use. Our intellectual property lawyers take systematic and strategic steps to protect and maintain the value of your Intellectual Property and to defend it accordingly.
Trademarks & Service Marks
A trademark is a word, phrase, symbol or design that serves to identify and distinguish a specific service or product from others in the marketplace. The worldwide nature of the Internet and the globalization of business (simply having a live website) have made protection and enforcement of these key business assets more difficult. We offer a comprehensive suite of trademark services to entrepreneurs and business owners in all 50 states and internationally including:
- Trademark Change of Ownership
- Trademark Portfolio Management
- Trademark Renewal Filings
- Trademark Opposition Proceedings
- Trademark Cancellation Proceedings
- Trademark Litigation
- Trademark Enforcement
- Trademark Search & Registration
- Trademark Clearance Searches
- Trademark Application Preparation
- Office Action Responses
- Statement of Use Filings
- Trademark Monitoring
- Trademark Assignments
Domain Names and Trademarks
The distinction between Internet domain names and trademarks is important to understand. Generally speaking, a domain name serves as an address on the Internet, rather than as an indication of source for goods or services. In the vast majority of cases, therefore, domain names cannot be registered as trademarks. However, feel free to schedule a consultation to discuss when and how trademarks and domain names can be leveraged as part of a strong intellectual property strategy.
Copyright is a form of legal protection granted to the authors of original creative works. The Internet has made reproduction and worldwide distribution of copyrighted works inexpensive and easy. As a result, copyright enforcement has become an issue of primary concern for businesses around the world. Copyright is a form of legal protection granted to the authors of original creative works. Contrary to popular belief, copyright protection extends only to the tangible expression of an idea, not to the idea itself.
In the United States and in most other countries, copyright protection does not depend upon any official procedures or formalities. Rather, a creative work is considered protected by copyright as soon as it exists, so long as it is both original and fixed in a tangible form. Our copyright attorneys assist with registering formal copyrights while also enforcing the intellectual property of entrepreneurs and business owners.
Enforcement of Trade Secrets
International law defines secret information as that which is not "generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question." Commercial value does not just mean monetary value; it can include anything that gives a business an advantage over competitors. Generally speaking, a trade secret is confidential information that has commercial value and are defined to include information that:
- Is secret
- Has commercial value because it is secret
- Has been subject to reasonable procedures designed to maintain its secrecy
In the United States, unauthorized commercial use of a trade secret by a third party is prohibited by state law. Most state laws are based upon model legislation called the Uniform Trade Secrets Act. In addition, a federal law called the Economic Espionage Act gives the Attorney General sweeping powers to criminally prosecute a person for appropriating trade secrets. Our intellectual property attorneys aggressively enforce and defend trade secrets, including:
- Trade Secret Identification and Audit
- Trade Secret Contract Drafting
- Trade Secret Assessment (software, customer lists, sensitive marketing/sales information, inventions, formulas and recipes, techniques & processes, etc.)
- Non-Disclosure Agreement (“NDA”) Drafting and enforcement
- Trade Secret Confidentiality Policies
- Trade Secret Misappropriation Assessment
- Trade Secret Litigation (Uniform Trade Secrets Act, Federal Defend Trade Secrets Act, Computer Fraud & Abuse Act)