INTELLECTUAL PROPERTY

Offit Kurman’s Intellectual Property Group attorneys identify, develop and protect our clients’ trademarks, copyrights, patents, trade secrets, privacy rights and publicity rights.  They audit intellectual property assets to validate the ownership of key interests, register and renew rights as appropriate and resolve disputes relating to intellectual property infringement.  Members of this group represent companies of various sizes and industries in drafting software and trademark license agreements, intellectual property asset transfer agreements, trade secret protection programs, dispute settlement agreements and other documents to protect domestic and international intellectual property rights.  They also represent musicians, fine artists, authors and celebrities in negotiating agreements to identify, protect and license their intellectual property rights.  In addition, members of the Intellectual Property Group draft agreements and policies to address the obligations of businesses in the areas of privacy, government data rights and non-disclosure laws.

Our Intellectual Property Practice lawyers possess substantial experience in the following specific areas:

Copyrights and Trademarks

• Brand Development and Enforcement (i.e., trademark and domain name selection counseling, portfolio management services, trademark registration, monitoring and renewal services).
• Due diligence for asset purchases, security interest agreements and other business transactions.
• Copyright registration and licensing.
• Development of policies and agreements for brand guidelines and trademark/copyright licensing.

Dispute Resolution

• Trademark Disputes (i.e., representation of clients in federal cases, state cases and before the USPTO’s Trademark Trial and Appeal Board in cancellation, opposition, infringement and dilution proceedings).
• Federal and State Claims regarding Misuse of Rights (i.e., claims of intellectual property infringement, copyright and trademark fair use, invasion of privacy, defamation, libel, slander, unfair trade practices and misappropriation of identity for commercial purposes).

Entertainment Law

• Agreements for Musical Artists (i.e., songwriting agreements, recording agreements, domestic and international distribution agreements, publication agreements, merchandising and touring agreements, agreements for commercial appearances, endorsements and sponsorships, licensing agreements, agency and management representation agreements).
• Agreements for Television and Film Rights (i.e., agreements for the development, production, marketing and licensing of original works for video and film distribution, option agreements, agreements for Infomercials and  shopping network programming, syndication agreements, agreements for public television funding, distribution and sponsorships, DVD distribution agreements, multi-distributor “split-rights” and “gap” financing agreements, agreements for negative pick-up transactions).
• Agreements for Literary Publishing (i.e., author representation agreements, novelization agreements for works based on motion pictures, television and other media properties, agreements for the development, creation and marketing of photo books, and agreements for ghostwriting literary works on behalf of celebrities and others).

Internet Rights

• Content Development and Licensing Agreements (i.e., agreements relating to customized software, online articles, mobile phone applications, customized software, video games, ring tones and ring backs, webisodes, online videos).
• Representation of Online Service Providers (i.e., agreements, policies, deal negotiation and enforcement of rights for Internet Service Providers and SAAS providers).
• Development of Web Site Content (i.e., terms and conditions of use, privacy policies, affiliate marketing agreements and online endorsements and testimonials).

Privacy and Data Security Law

• Data Rights for Government Contractors (i.e., agreements and restrictive disclaimers for government contractors in inventions, data rights and computer software, and rights reservations).
• Non-Disclosure and Data Security Agreements and Policies (i.e., non-disclosure agreements, trade secret protection policies and contracts regarding privacy-related laws including PCI-DSS, HIPAA, GLB, CAN-SPAM and data breach notification statutes).

For further information regarding this practice, please contact Jonathan Wachs by email at jwachs@offitkurman.com or by phone at 301-575-0302.