Many entrepreneurs find that the most valuable assets of their business have not been adequately protected from potential third party competition and/or infringement. We prepare trademark and copyright applications and seek federal and state registrations of trademarks, service marks and copyrights. We also have experience in litigating, both from the prosecution and defense perspectives, copyright and trademark infringement litigation.
We represent start-up companies in various industries, including technology and construction. New products such as verification of authenticity of goods in industries where “fakes” or “copies” are rampant, require protection. We counsel clients with respect to whether an “intent-to-use” trademark or service mark application is appropriate and the steps to ultimately use and register the mark in commerce and protect it from third party infringement.
- Represented a homebuilder in a suit against a competitor who had copied floorplan and elevation designs of custom homes. The client brought their floorplan and architectural designs to us as well as photographs of the alleged pirated designs. We devised a strategy for the homebuilder to obtain an assignment from his architect of the designs, then filed a federal copyright registration for them. We simultaneously filed suit on the client’s behalf against the competitor and obtained a temporary restraining order, and ultimately resolved the case with permanent injunctive relief as well as damages and attorney’s fees.