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Trademarks & Copyrights 

Trademarks & Copyrights

At McAndrews, we offer skilled management of large, small and single portfolios for a wide variety of clients, including their branded products and services and their technologies. In all such matters, we employ our deep knowledge of both U.S. and international trademark law to ensure effective counsel on the determination, adoption and protection of trademarks, trade secrets, brand names, brand marks, copyrighted material, Internet-based assets and other proprietary work.

And because trademarks are often a company's most valuable assests, we work to ensure that infringement or dilution of a mark does not result in lost revenue, brand/category leadership or goodwill. Further, our counseling during the early phases of trademark development helps avoid costly conflicts and potential enforcement problems.

Our attorneys boast a unique versatility in navigating trademark and copyright law, representing clients in both domestic and international trademark enforcement, in state and federal courts, and in inter partes and ex parte proceedings before the USPTO's Trademark Trial and Appeal Board. Our decades of experience with nearly every type of product and service and virtually all aspects of trademark protection help us advise clients on the best path to protect, advocate and leverage valuable IP assets.

Our extensive trademark litigation work includes the assertion and defense of claims of trademark infringement and unfair competition in state and federal courts. Because we possess such strong litigation experience, we have cultivated an informed perspective on trademark prosecution, allowing us to prepare comprehensive applications that preempt potential challenges.

The experience of McAndrews attorneys in preparing trademark opinions and in filing, prosecuting and maintaining both U.S. and foreign trademark applications and registrations is evidenced by the number of trademark matters we handle in any given year.

OUR FIRM'S EXTENSIVE WORK IN TRADEMARKS AND COPYRIGHTS INCLUDES:

  • Assistance with selection and clearance of branded marks, brand names and other proprietary material
  • All aspects of availability searches, followed by preparation of clear and realistic opinions
  • Acquisition of marks and names that help complete clients’ portfolios, plus turnkey management of trademark portfolios
  • Prosecution and protection of clients’ proprietary marks, names and materials in state, federal and international jurisdictions
  • Practical counsel that offers clients the best chance to win in filing a motion to dismiss, obtaining a temporary restraining order or preliminary injunction, positioning a case for settlement, moving for summary judgment, or taking the case to trial
  • Litigation before the Trademark Trial and Appeal Board
  • Internet-based protection of all forms, including domain name litigation and enforcement of the Uniform Domain Name Dispute Resolution Policy
  • Registration and protection of unique graphic designs and industrial designs
  • Preparation of licensing and transfer agreements
  • Successful prevention of counterfeiting and distribution of gray-market goods through injunctive relief such as ex parte seizures, temporary restraining orders and preliminary injunctions

Copyrights

Given the complex world of intellectual property in the modern age, McAndrews ensures the protection of our clients' copyrighted material, including applicable limitations, such as fair exceptions to an author's exclusivity of copyright, and allowing users certain rights. The creation of digital material and online technologies often requires interpretation of such exceptions and presents new challenges in enforcing copyright law. In cases where a client's revenue stream is dependent on copyrighted material, we ensure the extension of intellectual property rights upon all relevant material and seek all forms of legal enforcement.