Intellectual Property

Intellectual property refers to product of the human intellect that the law protects from unauthorized use by others. Intellectual property laws protect such things as inventions, trade names, trademarks, logos, unique processes, written works, artwork, music, and other products derived from your original, creative thought.

Protecting your company's intellectual property is essential to the success of your business.

  • If you fail to protect your intellectual property and another person steals it, your company's reputation is at stake. For example, a person can offer a product similar but inferior to yours on the market and label it with your trademark, causing the general public to confuse the inferior product with your product, which will damage your reputation .
  • Moreover, failing to protect your intellectual property will result in a loss of earnings for your company. The person stealing your intellectual property will infringe on your market share and may even earn more than you if the person is able to market your product more effectively than you. The theft also results in dilution of your brand and competition with your company, both of which result in a loss of income to you.
  • Additionally, if you go to sell your intellectual property in the future, the asset is devalued as a result of not being unique to you. You may also end up in the unsavory position of having to defend your right to ownership of the intellectual property when you go to sell it.

Our attorneys at Lobb & Plewe, Attorneys at Law can help you with all of your intellectual property needs, including trademark protection, protection of your trade secrets, copyright protection, internet brand protection and domain name management, anti-counterfeiting, intellectual property litigation, and conducting periodic intellectual property audits.

Trademarks

We can help you identify your need for a trademark for your business name, logo, products, and services, and obtain trademarks for you by applying for registration of your trademark on both a state and federal level, as appropriate. We can also help you enforce and protect your trademarks against unlawful copying and use.

  • Apply for trademarks at federal and state level
  • Devise an international intellectual property strategy to gain intellectual property protection in countries outside the USA where products may be sold or manufacturing outsourced
  • Develop guidelines to assist clients in using trademarks properly
  • Negotiate and draft trademark licenses and assignments
  • Register for trademarks internationally where appropriate
  • Prepare and file all registration, opposition, litigation, and post‑registration documents
  • Monitor trademark registrations
  • Oppose other parties' applications and registrations for trademarks too similar to our clients' trademarks
  • Enforce trademarks and domain names
  • Represent clients in trademark disputes

Trade Secrets

We can help you identify and protect valuable commercial information that provides your business with an advantage over competitors who do not have the information.

  • Identify trade secrets
  • Protect trade secrets through preparation of non‑disclosure agreements for execution by employees
  • Prepare intellectual property assignment agreements, requiring employees to assign any rights to work product to the company
  • Devise exhaustive strategy, detailing other methods, for protecting trade secrets

Intellectual Property Audits

We can meet with you on an annual or more frequent basis to identify any new or additional intellectual property issues that may need to be addressed.

  • Identify the extent of your current and planned intellectual property portfolio
  • Determine what IP is adequately protected already and what needs to be registered with appropriate agencies
  • Determine whether your IP is currently threatened by infringers and if so, create a plan for addressing the problem

Intellectual Property Litigation

With experience in federal and state courts, we have handled complex intellectual property lawsuits involving trademark, trade dress, and copyright infringement, as well as trade secret and computer‑software‑related disputes, across the United States.

Trademark Litigation

  • Investigate and negotiate trademark claims
  • Litigate trademark licensing issues, parallel trade, trademark infringement, trademark counterfeiting, trade dress infringement, trademark dilution, false advertising, copyright infringement, and rights of publicity
  • Protect trademarks on an international basis where appropriate
  • Handle all phases of litigation, including applying for injunctive relief, declaratory judgment proceedings, trials, and appeals

Copyright and Copyright Litigation

In addition to securing copyright registrations to protect clients' original works of authorship and handling development, licensing, and distribution for books, music, film, sound recordings, software, new media, photography, art, and multimedia, we counsel clients regarding the registration, licensing, policing, and enforcement of their copyright rights.

  • Secure copyright registrations
  • Advise clients with respect to development, licensing, and distribution transactions
  • Counsel clients on literary, personal, and syndication rights; unfair competition; and false advertising
  • Represent clients in copyright infringement cases

Anti-Counterfeiting

Counterfeiting, which is the manufacture of an imitation of an existing product to be sold as genuine, is a serious problem for companies in many industries. We protect clients from counterfeiting as follows:

  • Lead counterfeiting investigations
  • Handle anti‑counterfeiting actions ranging from a letter to complaints to search‑and‑seizure actions
  • Assist with the registration of trademarks with customs authorities in foreign countries to assist with seizure of counterfeit products
  • Counsel clients with respect to counterfeiting prominence and practices worldwide

Internet Brand Protection and Domain Name Management

We can help develop and protect your brand on the Internet by targeting the most damaging forms of brand abuse occurring on the Internet, including trademark infringement, diverted sales, association with offensive content, domain name abuse, traffic diversion, claimed affiliations, and counterfeit sales. We provide the following services to help protect your brand:

  • Provide Internet monitoring to help track and manage key forms of online abuse
  • Collect and analyze relevant information based on the results of monitoring
  • Counsel clients with respect to infringing domain name registrations and websites
  • Represent clients in cybersquatting litigation