| |
 Intellectual Property
Click here to download a
PDF version of this practice group description.
Damon & Morey LLP regularly provides its clients
with legal counsel and representation on matters involving
trademarks,
trade names, trade dress,
copyrights,
domain names and website management, patents,
trade secrets,
confidential and proprietary information,
unfair
competition and business practices, as well as rights of
publicity and rights of privacy.
Our clients include publicly traded companies,
partnerships, individuals and closely held-businesses as well as
not-for-profit organizations. These organizations are involved in a
wide variety of industries including banking and other financial
institutions, telecommunications, electronics, manufacturing services,
sporting goods, car racing, office equipment, fitness and educational
services, health care, pharmaceutical preparations, nutritional and
dietary supplements, clothing and apparel, tools, appliances and
household goods, automotive, packing suppliers, music and entertainment,
novelty items, pet food and supplies, and recreational facilities -
among others.
Development of Intellectual Property Protection Strategies,
Registration & Transactional Services.
We help clients
identify the appropriate form of intellectual property protection for
their assets. Our attorneys conduct intellectual property audits,
obtain registrations, and maintain/exploit their intellectual property
portfolios through the monitoring and satisfaction of
post-registration requirements, licensing, co-existence (consent)
agreements, assignment and acquisition of intellectual property assets
and other transactions. Our associations with attorneys in Canada and
other foreign jurisdictions help us to better assist our clients with
the development and maintenance of international intellectual property
portfolios.
Trademarks.
Our attorneys are
skilled in the trademark clearance process – actively advising clients
in the development of trademarks, service marks, collective marks,
certification marks, house marks, marks comprised of domain names,
trade dress, labels and product packaging, identifications of goods
and services, drawings and specimens. We prepare and prosecute
trademark applications for registration before the United States
Patent and Trademark Office, including applications based on actual
use, intent-to-use and foreign applications as well as registrations
and renewal applications. Our attorneys have also prosecuted and
defended trademark opposition and cancellation proceedings before the
Trademark Trial and Appeal Board. In addition, we have prepared and
obtained state trademark registrations for those clients solely
engaged in intrastate commerce.
Copyrights.
We help clients
navigate the multiple layers of statutory U.S. copyright laws and
international conventions and treaties that govern the creation and
ownership of copyrights, moral rights and performance rights. We have
prepared and filed United States Copyright registrations for literary
works, visual works, musical works, sound recordings, product labels,
computer software programs, databases and websites among other works
of original authorship. Our attorneys are experienced in negotiating
and preparing licenses and other agreements for the exploitation of
original works, performance rights, derivative works and “works for
hire.”
Patents, Inventions, Trade Secrets and Confidential and Proprietary
Information.
Our attorneys have
extensive experience working with clients to identify the appropriate
mechanism to protect their inventions and sensitive commercial
information. Through our associations with several boutique patent
law firms in Western New York, Washington, D.C., Chicago, New York
City, the Intellectual Property Practice Group helps its clients
obtain patent protection when desirable and available.1
Our attorneys are experienced in evaluating,
negotiating and preparing those documents crucial when securing
sensitive commercially-valuable information including
Employee/Independent Contractor Invention Assignments, Non-Compete
Agreements, Non-Solicitation Agreements, Non-Disclosure Agreements,
Trade Secrets and Confidential Information Agreements as well as
policies and procedures.
Internet Law, Domain Names and Website Design.
We assist clients
with the selection and protection of domain names. We also help our
clients to both understand the related trademark and copyright
concerns and avoid the possible infringement of others’ intellectual
property rights. Our attorneys are knowledgeable in domain name
dispute resolution procedures and have prepared website content
reviews and website disclaimers for its clients.
Enforcing Intellectual Property Rights, Litigation, Dispute
Resolution & Avoidance.
The strength of any
intellectual property right is, in part, measured by its enforcement.
We are experienced in identifying instances of infringement as well as
unfair business practices and competition by others. We counsel our
clients on dispute avoidance, fair use and the identification of
materials in the public domain. Our attorneys have the skills and
experience necessary to effectively represent your interests whether
they are preparing “cease and desist” letters, preserving sensitive
business information (when faced with a court or administrative
subpoena), or prosecuting/defending of claims of intellectual property
infringement.
Litigation may be
both an offensive and defense component of any effective intellectual
property enforcement strategy. Much of the firm’s practice involves
litigation before federal courts, state courts and administrative
agencies. Damon & Morey attorneys have successfully represented
clients on matters involving such areas as : infringement of
trademarks, trade dress, copyrights, patents, breach of license
agreements, antitrust claims, false advertising, claims of unfair
competition under state and federal law, state contract and employment
law governing inventions, non-disclosure and non-compete agreements
and trade secret laws, as well as statutory and common law recognizing
rights of publicity and rights of privacy. We are skilled in
obtaining and defending injunctive relief in intellectual property
cases and other commercial disputes.
We recognize that the
cost in both time and resources associated with litigation sometimes
represents a “no win” situation. In these situations, we work with
clients to explore such cost-effective alternative dispute mechanisms
such as arbitration, mediation and“mini-trials”. Our clients benefit
from our attorneys’ experience as arbitrators or mediators in
commercial and other complex disputes.
1 Damon &
Morey does not include a patent attorney or agent among its
professionals.
|
