Intellectual Property: Trademarks and Copyrights

Practice Areas

• Corporate Compliance and Ethics Counseling and Investigations
• Dispute Resolution: Mediation and Arbitration
• Human Resources, Personnel and Employment Counseling and Litigation
• Intellectual Property: Trademarks and Copyrights
• Litigation, Trial and Appellate Matters
• Outside General Counsel™
  • Business Entity
  • Corporate Governance
  • General Corporate Matters
  • OGC™ engagement
• Records Retention, Information Management & Electronic Discovery
• Regulatory and Licensing Matters

New Jersey Intellectual Property Lawyers

Necessity may be the “mother of invention,” but intellectual property law and sophisticated legal counsel are its protectors. Intellectual property can be a source of both major revenue and considerable risk.  ND&S protects and enforces our clients’ intellectual property rights from cradle to grave, from searching and application through registration and protection. When outsiders challenge our clients intellectual property, we defend them – again, cost-effectively using seasoned litigators who manage the risk.

Trademarks

Trademarks are the key to strategic market positioning, brand identity and brand protection.  Developing and implementing internal, domestic and global trademark strategies is essential.  ND&S clears trademarks domestically and internationally, registers and maintains those marks, and advises clients on their continued protection. ND&S represents clients of all sizes, including some of the world’s most successful brand owners and innovators.  ND&S collaborates closely with clients to set expectations and achieve client objectives.  We counsel clients on the risks and costs of IP litigation, assisting with clients’ business objectives while developing trademark strategies and designing litigation strategies. Our trademark practice includes:
Trademark Portfolio Management

• Managing clients’ domestic and international trademark portfolios, including drafting, filing, prosecuting and maintaining federal trademark applications and registrations, and analyzing  proposed client marks.  ND&S also assists with the registration of trademarks abroad and the filing of infringement actions and cancellation/opposition proceedings before foreign trademark offices.
• Performing full U.S. and international trademark searches and analyzing results to determine trademark use and capability of registration.  ND&S attorneys are experts in conducting trademark searches to determine the use and capability of registration of trademarks in the U.S. and abroad.

Transactional

• Drafting trademark and copyright license agreements, and consent to use and register agreements.
• Counseling and assisting clients in the acquisition of existing third-party trademark portfolios, including conducting trademark due diligence and clearance searches, both domestically and internationally.

IP Litigation

• Practicing before federal district courts in the areas of trademark infringement, unfair competition, trademark licensing issues, copyright infringement, and contract and quasi-contract law, including conducting investigations into third party trademark, trade dress and copyright infringement, on behalf of clients policing and protecting their intellectual property.
• Litigation before the United States Patent and Trademark Office Trademark Trial and Appeal Board, including the prosecuting and defending of Notices of Opposition and Petitions for Cancellation.

Copyrights

ND&S’ copyright practice involves registering and enforcing copyrights in the United States and abroad, as well as counseling clients on a wide range of issues such as work for hire, fair use, international copyright protection, and renewal and termination of rights.  ND&S can assist you in securing copyright registrations to protect original works of authorship. ND&S has the experience and expertise to assist you in preventing the infringement of your copyrights, as well as in defending clients against claims of infringement.  ND&S has extensive experience drafting and negotiating contracts involving copyrighted works such as software licenses, work for hire agreements, publishing agreements, assignments, licenses and distribution agreements.

Nicoll Davis & Spinella LLP, Offering Intellectual Property Counsel Nationwide

Contact an experienced New Jersey intellectual property attorney at Nicoll Davis & Spinella LLP, at our Paramus, New Jersey offices by calling (201) 712-1616, or our New York offices at (212) 972-0786.