Trademark and Copyright Law

Trademark, Copyright, Trade Dress, and Trade Secret Law focus on the protection of intellectual property. The firm assists clients with protecting, promoting, and expanding intellectual property rights. The firm performs consultation services, clearance searches, preparation of applications, registrations, licensing, confidentiality and non-disclosure protections, and enforcement assistance.

A Trademark (or service mark for services) is an identifier that is used to label, distinguish, and identify products and/or services that are unique to your business’s identity or brand. Some examples include a distinctive slogan, logo, graphic symbol, name, sound, or scent. Trademarks are recognized under both state and federal law. Trademarks exist for a finite time, yet may be renewed indefinitely. Trademarks may be licensed exclusively to one party or non-exclusively to multiple parties.

Copyright is used to protect the content of original works such as books and other writings, software, music, movies, paintings, photographs, choreography, and architectural and boat hull designs. Copyrights exist for a finite period of time. Copyright rights maybe divisible, for example, licensing a DVD release is separate from licensing an online release, and may be exclusive to one party or non-exclusive to multiple parties. Copyrights are generally owned by the author of the work. Using an independent contractor to develop a work may result in the independent contractor owning the copyright, if due care is not taken.

Trade Dress is the non-functional look of a party's goods and/or services. Trade dress may include color schemes, decor, or packaging. Trade dress must be continuously used for a substantial time before it is protectable. Protections for trade dress are similar to protections for trademarks.

Trade Secrets include a party's method of doing business, and any proprietary information developed within the business entity. All proprietary information is confidential information. Certain confidential information rises to the nature of trade secrets, which are expressly protected by law. The firm can help protect confidential information and trade secrets from being disclosed to the competition and the public at large.

Additional Services:

• Intellectual Property Audits
• Property Rights Assignments
• Work For Hire Agreements