Experience
Export Control
Our firm has represented numerous technology, e-commerce, engineering and manufacturing clients in the analysis of laws, regulations and classifications to determine Export Control licenses with the U.S. Commerce Department.
IP Portfolio Development; Patent and Licensing Strategy
We worked with our client, a startup software company, to develop cost-effective strategies to optimize protection of core technologies, to analyze competitor patents for clearance and patentability issues, and to approach potential partners for licensing opportunities.
New Media Enforcement Actions
Ongoing representation of a production and marketing company that manages YouTube talent. We handle a variety of new media matters for the client, including negotiating and drafting talent and independent contractor agreements, including details surrounding production services, marketing, revenue splits, IP ownership and placement of content. We also provide fair use analysis and content reviews to proactively identify potential infringement issues, as well as monitoring federal copyright laws and any applicable state laws, including rights of publicity and privacy. Additionally, we handle a variety of enforcement actions for the client relating to copyright infringement under the Digital Millennium Copyright Act, including the filing of takedown notices, drafting cease and desist letters, and performing routine monitoring checks on social media sites and smart phone applications. Our work enables the client to avoid infringement concerns, grow its business and produce innovative content via the YouTube platform.
New Media Enforcement Actions
Ongoing representation of a financial services provider that created a prepaid debit card from Visa. We have handled a large number of enforcement actions relating to the infringement and unauthorized use of our client’s trademarks, copyrights, and other proprietary information, via the internet through search engine optimization tools, keywords, metadata, and other internet marketing tools. Our actions have included the filing of takedown notices with domain registrars, and sending of cease and desist letters to the infringers. Additionally, we have recently filed two lawsuits within the Southern District of Ohio to combat trademark infringement. We also manage their trademark portfolios and frequently strategize with their in-house counsel regarding the best ways to monitor and address the internet infringement and misuse. Our work enables the client to protect their valuable trademarks, copyrights and proprietary rights from potential infringement and avoid potential financial harm or damage to the goodwill associated with the marks.
Social Media
Provided counseling to clients on various trademark, libel and copyright issues related to social networking media.
User Agreement for Smart Phone Application
We negotiated and drafted a user agreement for an individual who designed a smart phone application designed to work in conjunction with local clothes retailers. The application focused on digital shopping by enabling consumers to create avatars of themselves and try on clothes. We put together two separate agreements for the application. The first was a user agreement that contained provisions addressing privacy rights, intellectual property rights and issues, and general guidelines for appropriate usage of the application. The second was an agreement for the actual vendors whose clothing would be featured in the application, containing provisions that addressed intellectual property rights, usage guidelines and cost structuring. The agreements offered protection to the client and enabled her to move forward with her innovative idea.