Intellectual Property

A business is far more than bricks and mortar, inventory and investment, a balance sheet and book value. It’s the culmination of creativity, innovation, reputation, service, branding, content and calculated risk. Intellectual property law is all about developing, securing, leveraging and protecting this “intellectual capital.”

Our Intellectual Property attorneys practice in the following areas:

  • Intellectual Property Counseling
  • Intellectual Property Audit
  • Intellectual Property Litigation
  • Patent Enforcement & Protection
  • Trademarks
  • Copyrights
  • Trade Secrets
  • Internet Law

Intellectual Property law services include:

  • IP Counseling – We understand that the key to helping you succeed is to first learn what your business is about. Then, together we can identify, protect and leverage what is most important to furthering your business goals. We want to help you avoid costly litigation, but still protect your right to use the innovations you have developed. The initial consultation is complimentary so you can determine if our services can add value to your business.
  • IP Audit – We assess just what your intellectual capital is, how to value it and how to protect it. Your IP Audit will identify concerns, risks, potential infringement claims, as well as unsecure trade secrets, copyrights, trademarks and patents. The audit also provides you with a cost effective road map, consistent with your business goals, to secure your innovations. Policy changes, licenses, assignments, or employment and non-disclosure agreements are often inexpensive solutions. However, if registering trademarks and copyrights or securing patents is the solution, we can help you with these services as well.
  • IP Litigation – We approach litigation differently–with your ends in mind. We focus on quickly and aggressively putting you in a position of strength designed to bring the other side to the table. So, rather than limiting solutions to just litigation, we explore and leverage business, market, regulatory, and government solutions as well. Patent, trademark and copyright litigation can be daunting and expensive requiring counsel with specialized knowledge and experience. We have this experience, and we know that when trademarks, copyrights, patents, trade secrets or domain names are infringed or taken, moving quickly to obtain court orders to secure what’s been taken or infringed is critical. Not only may these emergency efforts save the business, they often can end the dispute. And because litigation is never convenient, we are available to our clients around the clock.
  • Trademarks– Trademarks tell your story. Good ones help you stand out from the crowd, build your reputation, and tell the world you are a source of excellence, reliability, and value. We team up with you and your marketing professionals to help secure great marks. We can search mark availability and file trademark applications before the United States Patent and Trademark Office and internationally. We can manage your trademark portfolio, make sure no periodic filings are overlooked, and help you develop policies that enhance value and preserve your rights. We look for cost-effective solutions and can recommend or use on-line services that best meet your goals.
  • Copyrights – The concept is simple enough: the author, programmer, artist, or songwriter owns the copyright to their work. But copyrights can be deceptively complex. What if someone else commissioned the work, the code was written on a company computer, the movie script was based on another’s novel, or the song was performed to another’s score? The Internet adds additional layers of hidden copyright complexity and liability. Company policies, and when necessary administrative and court remedies, can address these issues. We work with you in an economical manner to identify your valuable copyrights, obtain federal registrations where appropriate, and help you set up policies and procedures to lessen the complexity and give you comfort that your content is secure.
  • Patent Enforcement and Protection – We understand what it takes to defend a patent and to enforce one. While these types of conflicts frequently can be resolved by licenses or other business solutions, we stand ready to take the issue to court if necessary. We can also consult with you on obtaining a patent. Because patents are unique and each requires expertise in specific technology, we collaborate with a range of patent attorneys, each an expert in their field, to guide you through the process.
  • Trade Secrets – The value of trade secrets lies in the fact that the information is not publicly known. Trade secrets are the manufacturing process, design information, formula, vendor list, demographic analysis, product use information, recruiting strategy or marketing policy that gives your business an edge. To protect this valuable information, you need to understand its value, identify who has access to it, and implement non-disclosure policies to prevent it from unwittingly losing its status as a “protectable trade secret.” We can help you secure your trade secrets, and if necessary take actions including going to court to recover and protect them.
  • Internet Law– The website domain name system creates unique challenges for businesses. While both a music company and a different computer company can each own the trademark APPLE, only one of them can own the domain name “apple.com.” More daunting is the damage a disgruntled employee or customer can do to a business’s reputation on the Internet. We are experienced at addressing these concerns and myriads of other issues unique to the Internet. We can help you develop privacy policies and website agreements and work with ISP’s to secure or recover domain names. Should all else fail, we stand ready to file a federal cyberpiracy action or bring an administrative dispute under the Uniform Domain-Name Dispute Resolution Policy (UDRP) to secure your valuable domain names, curtail unfair registrations by competitors, and preserve your valuable websites and Internet presence.

Kolesar & Leatham Attorneys with expertise in Intellectual Property include: