INTELLECTUAL PROPERTY

With over 110 years of representing local, national and international clients, Whitman Breed understands the importance of intellectual property as comprising core assets supporting value and fueling growth in many businesses, and the increasing challenges to protecting those assets against theft, infringement and counterfeiting. Our attorneys possess a deep understanding of trademark, copyright, trade secret, technology, franchising and licensing law which they bring to bear in combination with a thorough knowledge of the relevant business and industry to achieve the desired goals in an effective and efficient way. Whether we are designing and implementing intellectual protection strategies or structuring and negotiating licensing or franchise agreements, joint ventures or other distribution arrangements, we deliver comprehensive solutions to preserving our clients’ intellectual property and capitalizing on strategic business opportunities. Our clients range in size from individuals and start-ups to international conglomerates in diverse industries across the spectrum of businesses.

We recognize that while the globalization of trade and Internet marketing provides opportunity, it also entails certain risks. Our intellectual property litigators regularly enforce and defend our clients’ intellectual property rights in courts and before arbitration bodies and are skilled settlement negotiators.

Be it an existing product portfolio or an initial item, our trademark attorneys and paralegal staff are experienced in protecting and managing trademark rights. Our services include clearance of trademarks for availability for use and registration, both in the United States and worldwide, formulation of trademark registration and protection strategies domestically and globally, preparation and prosecution of trademark applications, trademark docketing and maintenance management, trademark licensing and coexistence agreements, infringement investigations, anti-counterfeiting strategies, and trademark monitoring services.

Our lawyers handle all aspects of trademark registration with the United States Patent and Trademark Office including drafting the application, responding to office actions, handling ex parte appeals before the Trademark Trail and Appeals Board, and representing a client’s interests in opposition and cancellation actions. If an international strategy is involved, our attorneys are experienced in designing and implementing worldwide registration programs for both domestic and international clients through our network of foreign relationships.

Our trademark lawyers can also guide clients through the various aspects of corporate transactions and agreements relating to trademarks, including due diligence of trademark rights, assignment of trademark rights and perfection of security interests in trademark rights.

Our litigators are ready to respond when trademark rights are infringed upon. From cease and desist letters to state and federal court actions, we have the expertise to address a wide range of matters including infringement, dilution, right of publicity, domain names and other enforcement related disputes.

Our lawyers’ experience spans the spectrum of traditional businesses and digital media, offering comprehensive advice on the creation and protection of copyrights, acquisition and licensing, dispute resolution and enforcement, and matters related to corporate transactions.

Our lawyers are skilled at devising registration strategies to best protect and capitalize on the value of your copyrights. In times of dispute, we have the expertise to guide our clients through the maze of the Digital Millennium Copyright Act and bring our knowledge of substantive law to bear in representing clients in state and federal courts as well as in mediation and arbitration proceedings.

Many clients fail to devote adequate attention to the protection of trade secrets critical to their businesses and inadvertently relinquish rights in valuable proprietary assets. We work closely with our clients to develop strategies and procedures to protect their trade secrets from “walking out the door”, and when they do we have the experience to respond aggressively and effectively. Our litigators have a proven track record in successfully litigating trade secret cases and obtaining effective relief for our clients.

Our corporate lawyers have in-depth experience drafting and negotiating non-disclosure and confidentiality agreements. We work closely with clients to understand their business, the nature and value of their trade secret assets, and to develop and implement processes and procedures designed to protect those assets and ensure that they are best positioned to enforce their rights when those assets are misappropriated.