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Intellectual Property

Our Intellectual Property group offers decades of experience in a broad array of legal services to safeguard your asset, including: trademark, copyright, patent, trade secret protection, licensing agreements, and IP litigation.

Intellectual Property (IP) refers to the legal protection of work or an invention that is the result of creativity, such as a manuscript, design, or a logo. The protection of an individual’s or business’ intellectual property ensures they hold rights to their work through registration of a trademark, copyright, or patent. As you develop new products and services, you will likely face increased business threats and will require skilled IP attorneys who will be able to safeguard your work.
It is a vital step for any business owner, entrepreneur, or creative, to immediately hire a trustworthy attorney that will also be able to offer a myriad of essential services including:

● Building the brand and value of their company, allowing for greater business opportunities as you gain the ability to expand geographically.
● Bypass common (and costly) obstacles such as realizing that another company is using a variant of your name after you have been in operation for a few years and having to rebrand.
● Preventing others from obtaining a similar mark and legally stopping infringers from copying your work.

Our attorneys have the specialized knowledge, experience, and skills necessary to navigate complex registration processes for a range of businesses and individuals looking to protect their work globally.

Below are just a handful of brands that we have helped with obtaining their mark & protecting their intellectual property:

We have you covered in the following areas

Copyright

Copyright is a form of protection provided to authors of “original works of authorship” that are fixed in a tangible form of expression. Copyright covers both published and unpublished works.

What is covered under a copyright:

  • Literary works
  • Musical works, including any accompanying words
  • Dramatic works, including any accompanying music
  • Pantomimes and choreographic works
  • Pictorial, graphic, and sculptural works
  • Motion pictures and other audiovisual works
  • Sound recordings, which are works that result from the fixation of a series of musical, spoken, or other sounds
  • Architectural works.

What is NOT covered by a copyright:

  • Ideas, procedures, methods, systems, processes, concepts, principles, or discoveries
  • Works that are not fixed in a tangible form
  • Titles, names, short phrases, and slogans
  • Mere listings of ingredients or contents, among others.

Copyright owners have the exclusive right to:

  • Reproduce the work in copies
  • Perform and/or display the work publicly
  • Prepare derivative works based upon the work
  • Authorize others to exercise these exclusive rights
  • Distribute copies of the work to the public by sale or other transfer.

Copyright owners are entitled to statutory damages in case they prevail. A valid copyright registration is a prerequisite for suing for copyright infringement in federal court.

Trademark

A trademark is a form of intellectual property that protects words, symbols, or designs that can distinguish a source of goods or services. This refers to symbols and marks used in commerce to identify goods and services, such as the Coca Cola logo. However, a trademark application can also be filed even if it is not actually used in commerce yet. It can serve as a source identifier connecting a particular good/service to its owner, which would easily build their brand and increase consumer recognition and trust.

While one can file and apply for any trademark, there are multiple considerations and formalities that need to be followed, for the purpose of ensuring that the applied-for mark provides you with your desired scope of protection.

In a very competitive market, a registered U.S. trademark provides a bundle of rights, including:

  • The right to exclusively use the trademark in connection with specific goods or services.
  • The right to grant licenses for use of the trademark to third parties.
  • The right to enjoin unauthorized use of the trademark.
  • The right to sue for trademark infringement.
Patents

A patent is a set of exclusive rights given to an inventor, in order to protect a new and novel invention. A patent gives you numerous rights, including a monopoly on using the patent, which excludes others from making, using, selling or importing the patented invention into the United States for 20 years from the effective filing date (for utility and design patents) and 14 years for design patents.

Licensing

If you want to use a patented, trademarked, or copyrighted piece of work, an intellectual property lawyer could help you obtain a license agreement with the owner for commercial use. A license is an agreement between the owner of the work and the party that wishes to use it for commercial purposes. Licenses can be beneficial for all parties involved — not just the licensees. If the work is especially popular, the licensors could find the partnership beneficial in generating revenue.

IP Litigation

In the event that disputes or infringements need to be taken to court, our IP litigation team is ready to enforce and protect our client’s interests and work.

Trade Secrets

Trade secrets are a type of intellectual property that covers business information that has an economic advantage and is not generally known to the public. This may include formulas, designs, patterns, and strategies that are well-kept within an operation.

Domain Name Disputes

Domain names are important to how you brand yourself and define your business on the internet. Domain names will not only appear on your website, but also on services like your email (ex: pnlawyers.com & contact@pnlawyers.com). If you’re having issues obtaining a domain name or your IP is found within another domain name, our intellectual property attorneys can help you sort this out.

Art Disputes

Art disputes refer to the creation, exhibition, and distribution of your artwork. Art disputes cover everything from copyright infringement to reseal rights of your work.

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