Intellectual Property

Our Intellectual Property team represents clients on a range of sophisticated intellectual property and related matters. We serve clients with diverse IP needs, managing copyright and trademark portfolios, providing litigation services with expertise over various IP matters, and working with clients to develop strategies to protect and enforce IP rights. Our attorneys provide advice on intellectual property issues with respect to asset purchase agreements, non-compete and non-disclosure agreements (NDAs), assignments, licenses, employment agreements, employee policies and handbooks, and compliance.

Because intellectual property issues often do not arise in isolation, we draw expertise from attorneys in other practice areas, including Litigation, Business, and Employment.

Our IP services include:

Copyright

  • Managing copyright portfolios and developing copyright protection strategies.
  • Negotiating and drafting work-for-hire agreements, confidentiality agreements, assignments, and licenses.
  • Managing enforcement of copyright interests, including DMCA takedown notices and oversight of enforcement programs.
  • Pursuing and defending copyright infringement litigation.


Trademark

  • Managing trademark portfolios, including prosecution of trademark applications with the USPTO.
  • Evaluating ownership interests and developing brand protection strategies, including advice on related regulatory and antitrust issues.
  • Negotiating and drafting licenses, distribution agreements, assignments, and security agreements.
  • Representing clients in adversarial proceedings with the Trademark Trial and Appeal Board (TTAB).
  • Pursuing and defending litigation involving trademark rights, such as infringement, dilution, and unfair competition actions in federal and state court.


Advertising and Promotions

  • Pursuing and defending actions for § 43(a) Lanham Act violations, false advertising, and deceptive consumer practices in federal and state court.
  • Reviewing advertising materials and marketing strategies for legal compliance, including truth in advertising, claim substantiation, the proper use and attribution of intellectual property rights, and compliance with federal and state consumer protection rules.
  • Reviewing promotions for legal compliance, such as sweepstakes, contests, and charitable campaigns.


Trade Secrets

  • Pursuing and defending legal actions for the misappropriation of trade secrets, proprietary information, or other protected confidential matter, including claims under the DTSA, CFAA, and state laws.
  • Negotiating and drafting non-disclosure agreements (NDAs), employment contracts, assignments, licenses, and other agreements that govern the use of confidential information.
  • Developing strategies to protect trade secrets and proprietary information, including employee policies, compliance programs, and third-party agreements.
  • Managing forensic investigations for suspected theft of protected information in order to evaluate potential legal claims and properly preserve evidence for litigation.


Privacy and Information Security

  • Advising clients on privacy and data security laws governing the collection, use, and protection of personal information.
  • Drafting privacy policies and website terms & conditions to ensure legal compliance.
  • Developing strategies to minimize legal exposure in the event of a data breach or unauthorized disclosure of personal information.
  • Negotiating and drafting data sharing agreements.
  • Pursuing and defending legal actions brought under the CFAA and federal and state privacy laws.