Intellectual Property
Trademark
Our firm assists clients with all aspects of trademark law. When a client wishes to adopt a new brand, the firm researches proposed trademarks and service marks to determine if they would conflict with existing rights holders. The firm analyzes existing marks and, whenever possible, steers clients to marks that minimize risks and offer the best protection. The firm prepares and files trademark applications with the U.S. Patent and Trademark Office and prosecutes applications throughout the registration process, including responses to examining attorney letters, known as Office Actions. When conflict arises at the administrative level, the firm handles opposition and cancellation proceedings before the Trademark Trial and Appeal Board. If a mark is infringed, the firm investigates the alleged infringement, determines a strategy for responding, and prepares an initial response. If litigation becomes necessary, the firm has a network of litigators that it consults and refers matters to for further proceedings. The firm’s reach extends beyond the United States – the firm has either directly or through local counsel registered marks in over 70 countries. We routinely assist businesses and organizations in expanding their operations through trademark licensing agreements.
Copyright
The firm’s copyright practice is similarly robust. The firm assists authors, artists, and other creatives with protecting their copyrights through registration with the U.S. Copyright Office. Before a client uses a work created by another party, the firm investigates the work to determine if it is protected by copyright, how to obtain a license to use the work, and the scope of any licenses. The firm’s copyright clearance work extends to music, literature, photography, and film. If disputes arise, the firm is able to investigate and respond to infringement allegations or contact an infringer to stop the infringement and recover damages. The firm has extensive experience in licensing copyrighted works and negotiating and drafting contracts and licensing agreements. In some situations, the firm is able to help licensors recover the rights they licensed years earlier, through reversions pursuant to Section 203 of the Copyright Act.
Publishing and Entertainment
Our client base includes publishers, authors, filmmakers, theaters, and other creatives. In addition to copyrights and trademarks, the firm advises clients on all other legal matters relevant to their creative works. The firm reviews works for legal liability and counsels clients on reducing liability risks and obtaining any necessary permissions to use copyrighted works. The firm negotiates and drafts book publishing agreements, work-for-hire agreements, and other agreements to create and develop original works. The firm prepares contracts to license and distribute creative works. Our practice involves working with numerous forms of media, such as traditional print, broadcast television, radio, cinema, streaming video, and digital publishing.
Software and Websites
The firm is experienced at drafting software and mobile application development and licensing agreements. The firm prepares appropriate policies to protect the interests of website owners, including terms of use, privacy policies, and other notices. The firm keeps track of developments in data protection laws and counsels website owners and others who collect consumer data about complying with the European General Data Protection Regulation (GDPR), the Illinois Biometric Information Privacy Act (BIPA), and other data protection and privacy laws. If liability protections are available, such as Section 230 of the Copyright Act, the firm advises clients on how to qualify, drafts the appropriate policies and notices, and makes any necessary filings.