Every Person Who Engages Us Is Important.
The competitive advantage of many entrepreneurs and businesses is contained within their intellectual property. Protecting these intangible assets is vitally important. Just as important is enforcing intellectual property rights through litigation or other means of dispute resolution.
We welcome the opportunity to review your intellectual property legal matter and recommend an effective course of action.
We are committed to providing you with the strategy to help your business flourish in the marketplace.
Intellectual property (IP) is any product of the human intellect that the law protects from unauthorized use by others. We are dedicated to ensuring that our clients maintain control over their IP through the proper application of the relevant protections. Our clients range from startups, manufacturers, musicians, movie producers, and actors whose sole product is their IP, to clients where IP is a secondary concern. We are prepared to help protect your IP through the application of trade secret law, non-disclosure agreements, copyright protection, and trademark registration and enforcement.
Trade Secret law is one of the oldest forms of IP protection, and unlike Patents and Copyrights, such protection can last infinitely, provided that the secret meets three criteria. The definition of a Trade Secret is: 1) Information; 2) That has had reasonable measures taken to maintain its secrecy; 3) And which confers independent economic value derived from its secrecy upon its holder.
Trade Secret protection would be almost irrelevant if it weren’t for the protections afforded by non disclosure agreements (NDAs). Trademarks identify the brand owner of a product or a service, and companies and individuals can license the use of their Trademarks to others through licensing agreements. Copyright law protects original works of authorship fixed in a tangible medium.
The Supreme Court recently resolved an important issue for trademarks when it held that a debtor cannot reject a trademark license under Section 365 of the Bankruptcy Code without breaching the license, thereby preserving the licensee’s rights to the licensed trademark.
The Supreme Court has announced that it will review Oracle America, Inc. v. Google Inc. in which the Federal Circuit held that Google’s use of Java’s APIs in making the Android platform violated copyright law because it was not sufficiently transformative to qualify as a “fair use.”
The application covering Australia, Canada, the EU and US was filed in December with the World Intellectual Property Organization but has been withdrawn.
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