Our Services

  • Comprehensive US trademark availability searches (clearance searches)
  • Filing new US trademark applications
  • Responding to Office Actions from the US Patent and Trademark Office, including rejections based on descriptiveness, likelihood of confusion, surname, geographic descriptiveness, trademark doctrine of foreign equivalents,
  • Assisting non-US clients with US trademarks filed under the Madrid Protocol
  • Filing ex parte appeals to the Trademark Trial and Appeals Board
  • Filing oppositions to trademark registration
  • Filing cancellation of existing US trademark registrations
  • Advising clients on international trademark filing strategy
  • Managing foreign outside counsel in obtaining international trademark protection
  • Negotiating consent agreements to permit trademark registration
  • Negotiating trademark license agreements
  • Conducting intellectual property audits to analyze client’s IP portfolio, identify risks, and recommend needed protection
  • Analyzing online copyright and trademark infringements
  • Advising clients on unusual music performance license situations under ASCAP/BMI licenses
  • Analyzing “work made for hire” issues
  • Preparing employer agreements to ensure ownership of materials developed by contractors and employees
  • Sending takedown notices to website copyright infringers that have resulted in prompt removal of infringing material, including from Google’s Android Market
  • Registration of US copyrights in literary, musical, audiovisual, and computer-based works
  • Obtaining licenses for use of copyrighted music
  • Analyzing cutting edge copyright issues related to digitized content
  • Analyzing termination of transfers of copyright under Sections 203 and 304 of the US Copyright Act
  • Advising US clients regarding international copyright issues
  • Managing nationalizing non-US patents in the US through the Patent Cooperation Treaty (PCT)
  • Drafting new US patent applications
  • Drafting and negotiating patent license agreements

Entertainment Law — Publishing, Promotions, Sweepstakes, Social Media

  • Handling book publishing agreements with major publishers in New York and elsewhere, including Doubleday, John Wiley, Pearsons, Cengage, Shadow Mountain, and Macmillan.
  • Representing new authors in contract negotiations with book publishers
  • Advising clients on right of publicity issues in relation to live events, film shoots, reality television shoots, and news programming
  • Representing musical artists
  • Representing GRAMMY® award-winning musical groups
  • Obtaining clearance (music licenses) for audio CDs, digital downloads, and DVDs (sync licenses)
  • Handling agreements for multiple film projects with multi-million-dollar budgets (location agreements, musical score agreements, talent agreements, production agreements, screenwriter agreements)
  • Handled sports marketing agreements for sponsorship of the Dallas Cowboys, PGA Tour, British Triathlon, and the Winter Olympics, as well as negotiated agreements with multiple Olympic athletes
  • Preparing Official Rules for sweepstakes, both for company internal events and for public participation, including multi-million-dollar events
  • Handling social media promotions through Facebook and Twitter

Technology — Internet Law, Domains, Licensing

  • Negotiating confidentiality/non-disclosure agreements
  • Negotiating software license agreements and software development agreements—we’ve negotiated opposite Google, Microsoft, Oracle, Dell, Xerox, AT&T, Adobe, IBM, JP Morgan Chase, and many others.
  • Negotiating technology services agreements
  • Analyzing online copyright and trademark infringements
  • Sending takedown notices to website copyright infringers that have resulted in prompt removal of infringing material, including from Google’s Android Market
  • Analyzing open source software matters, including potential open source license liability and creating strategies for clients that want to use open source software
  • Handling domain name disputes through UDRP proceedings
  • Conducting website legal reviews, including analysis of copyright and trademark issues
  • Preparing website legal documents, including terms of use, e-commerce terms, privacy policies, and disclosure policies related to social media
  • Advising clients regarding FTC requirements for bloggers and other social media participants to avoid liability under false advertising laws

Data Privacy Law

  • Analyzing clients’ compliance and risks related to European privacy laws under the EU Data Protection Directive (Directive 95/46/EC)
  • Advising US-based clients on use of the safe harbor and model contract provisions of the EU Data Protection Directive (Directive 95/46/EC)
  • Preparing internal security compliance policies and data management policies to ensure compliance with European laws
  • Registering clients’ databases with European data protection authorities
  • Analyzing US state laws relating to data privacy and data breach notification
  • Advising clients regarding the requirements of specific state and federal privacy-related laws for website privacy policies, including COPPA, GLB, and HIPAA.