Intellectual Property

Contact:

I. Joel Riff
Co-Chair

Stephanie O. Sparks
Co-Chair

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Intellectual property is often a company’s most valuable asset.  We focus on protecting the intellectual property rights of our clients, from large corporations to small businesses and individuals, through advice, IP audits, transactional work, dispute resolution, and litigation. Our goals are to understand your long-term business objectives, to solve your immediate legal issues, and to help you achieve your business objectives efficiently and in a cost-effective manner.

We Understand Your Business

Our IP Clients include:

  • Manufacturers: semiconductor, computer hardware, software, industrial fabrication, petroleum products, food & wine processing, agriculture, medical devices, cosmetics

  • Wholesalers & Distributors:  concrete, tools & supplies, automotive, paper products, medical instruments, cosmetics, software

  • Retailers:  grocery, convenience stores, gasoline, automotive, clothing, cosmetics

  • Communications:  ISP providers, data centers, e-commerce companies, telecommunications, television & radio broadcasters, print & web publishers, writers, software developers

  • Professional & Financial Services:  CPAs, engineers, architects, physicians, dentists, attorneys, medical groups, hospitals, mortgage bankers, real estate brokerages, national bank holding companies

  • Nonprofit Agencies: providing support in the areas of social services, counseling, education, health care, vocational training, museums, and significant foundations

  • Sports, Entertainment, Hospitality:  professional sports teams, restaurants, hotels, wineries,
    golf courses

The Specifics of our Practice

Licensing & Transactions.  We help our clients protect their valuable inventions from unauthorized use.  We also assist them with getting maximum value from their patents, software, trademarks, copyrights, trade secrets, and other proprietary material by negotiating and drafting licensing agreements and contracts.  We have extensive experience in all aspects of software and patent licensing, and we regularly draft and negotiate licenses and contracts for value-added resellers, original-equipment manufacturers, and software developers, distributors, and duplicators – including independent contractors hired to develop customized IP.

Our clients also call upon us to perform IP due diligence (identifying and evaluating the assets at issue), provide options as to the value of a business's intellectual property assets in connection with a merger or acquisition, and to negotiate adn draft M&A agreements. This advice can significantly impact their negotiation position in a business transaction.

Trademark Protection & Infringement.  We provide a full range of service in the area of trademark and service mark registration and protection.  We can undertake international and domestic pre-registration research to ensure your intended mark is not already registered or in use.  We can analyze your proposed mark, evaluate its market and legal strengths and weaknesses, and advise you as to potential consequences of using it.  After registering your mark in the U.S., we can coordinate with international trademark counsel or agents to properly register your mark abroad.  Once your mark is active in the marketplace, we can provide a monitoring service to detect when others use it or attempt to register a similar mark.  We also can coordinate with U.S. Customs Service to prevent products which bear your mark without your permission from entering the country.  Finally, we will advocate on your behalf in domain name disputes and matters dealing with cyberquatters.

If a conflict arises over your pending registration, or another party attempts to register a mark similar to yours, we will defend against or initiate a trademark opposition before the United States Patent & Trademark Office.  If a dispute arises after a trademark has been registered, we will challenge on your behalf or defend you against challenges by others who claim to own a similar mark.  If a company attempts to profit from your reputation by copying your trademarks or goods, we can respond immediately with cease and desist letters and, if the activities persist, we will litigate to protect your reputation and market position.

Copyright Registration & Infringement.  We help our clients protect their proprietary work against infringement by properly registering their copyrights and renewing the registrations.  We counsel our software clients about the pros and cons of patent vs. copyright protection for their work, and we help them select and implement the method that best suits their needs.  They rely on us to understand the various registration options, including the procedures to protect confidential portions of software source code, and the procedures for registering multimedia material.

In the event someone else lays claim to your copyrighted material, or attempts to use your work without your consent, we will advocate on your behalf to confirm your ownership.  Conversely, should you be accused of infringing upon another’s copyright, we will aggressively defend your position to disprove
the claim.

Trade Secrets & Unfair Business Practices.  Not all intellectual property disputes arise strictly out of patents, copyrights, or trademarks.  We understand that trade secrets are a major component of your business’s competitive edge, contributing substantially to your market position and profitability.  We have expertise in all aspects of trade secrets and the complicated laws governing business practices, from helping our clients establish their trade secret protection plans and policies, to prosecuting and defending against alleged theft of trade secrets, to prosecuting and defending against claims of anti-trust, unfair trade practices, and unfair competition.

If there is a dispute, we work with you at the outset to find the most expeditious and cost-effective means of successfully resolving it.  We provide a realistic evaluation of the merits of the claim and recommend the appropriate strategy and staffing to maximize the chance for success.  We encourage alternate dispute resolution whenever possible.

When litigation becomes inevitable, our clients rely on our 50+ years of trial experience and our professional reputation.  We enjoy the recognition of both the courts and the legal community as lawyers who know how to prepare and try a case, if necessary, or to otherwise bring it to a reasonable conclusion. Perhaps the best testament to our success is the fact that we receive many referrals from judges and other attorneys.


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