Intellectual Property

Intellectual Property Law is of paramount importance to a business because it addresses those intangible assets with a direct impact to the company’s balance sheet.  Intellectual Property Law identifies, leverages and protects the intangible assets of the firm by defining their use and existence as legal property with tangible financial value.  

 

The general challenge facing business is that in order to capitalize on Intellectual Property, a company must own, use and control its intangible assets as intended. This requires awareness by and restrictions on various constituents including: executive management, employees, clients, suppliers, third-party agents, advisors and competitors. Successful commercialization requires drafting and negotiating contracts for protection, exploitation, assignment and licensing of intellectual property rights.

 

The Adler Law Group was originally established as a boutique Intellectual Property law firm focused on the needs to of businesses in the creative arts and technology industries. We blend a deep understanding of intellectual property rights, remedies, and modes of commercial exploitation, with sophisticated corporate transactional practice involving structure, governance, finance and transactions. 

 

The firm provides a range of counseling and advice on intellectual property matters across the following subject areas:

 

• Copyright & Trademark

• Confidential Information & Trade Secrets 

• Unfair Competition & Anti-counterfeiting

• Right of Publicity, Privacy & First Amendment

• Licensing

 

Counseling clients on rights, obligations, risks, and other matters related to Copyright and Trademark is a cornerstone of the firms’ practice. Services include:

 

• Identification: searches, reviews, evaluations, and strategies to develop and protect Copyrights and Trademarks.

• Protection: preparing, filing and prosecuting applications, managing and renewing registrations, and enforcement of rights through cease and demand letters and litigation.

• Licensing: counsel clients on all aspects of commercial development and exploitation of rights in the various forms of creative works

• IP Portfolios Investigating & Evaluation:  including establishing ownership, distribution rights, and related intellectual property rights (trademark/copyright/patent) to inventions, manuscripts, prototypes, and other works of creative authorship.

• Registering domestic and foreign trademarks and service marks.

• Internet Issues: advising on current policies regarding Internet domain name registration disputes, foreign domain name registration, trademark infringement, and copyright violations, Web Site disclaimers and clickable embedded licenses to assist online clients to protect their intellectual property.

• Advising on Software & Technology Issues: software development issues, either in-house or purchased from others.

• Advising on Arts, Entertainment & Media matters such as artistic, dramatic, literary, musical and sculptural creations, including product designs.

• For more information about copyright protection, read our article entitled What does Copyright Protect?

 

Confidential and especially “Trade Secret” business information is a valuable commodity. Protecting working projects, innovative ideas, or new products is key to maintaining a competitive advantage. Businesses must keep these “intangible” business assets secret and out of the hands of competitors. Similarly, startup companies often maintain “stealth” mode because they will succeed only if they keep their competitive advantage under wraps. 

 

One of the most versatile and commonly used documents to protect that information is a nondisclosure agreement or clause covering confidentiality obligations in an employment or business contract. These agreements seek to bar trade secret information from being disclosed, but more than that, these agreements

are used as an important–and sometimes the sole–factor a court considers when evaluating whether the information at issue qualifies as trade secret information. They are therefore protected by the laws governing trade secrets or exist as another kind of information that is not protected by such laws.3

 

The firm provides overview of the rights, obligations and remedies under trade secret law and non-disclosure agreements. We provide guidance on the use of a nondisclosure agreements to protect information as well as meeting the requirement sunder state and federal Trade Secrets laws.

 

The firm is experienced at enforcing rights and protecting against counterfeiting, piracy and other acts of unfair competition. Litigation, arbitration, mediation and other alternatives for resolving intellectual property disputes.

 

The Firm provides regularly updated information for brand-owners and marketing professionals, including in-depth analysis of the latest marketing and brand law issues, case analysis, previews of up-and-coming legislation affecting marketing, plus legal checklists and template agreements.

 

Depending on your objectives, the Firm can negotiate and draft licensing agreements for your brand or product or perform consulting work to explore ways in which licensing may help build your business. Building the long-term value of our clients’ brands is central to everything we do, therefore we provide a full range of services to help make the most from licensing opportunities.