Intellectual Property

From start-ups to Fortune 500 companies, we are skilled in rendering sophisticated advice to clients in various industries, including restaurants, hospitality, sports and entertainment, health and wellness, veterinary medicine, technology, and engineering. Our team is technically trained with the ability to enforce and protect your IP in the fields of chemistry, biology, semiconductors, medical devices, electrical, mechanical and computer engineering, and AI.

Gallagher & Kennedy’s intellectual property attorneys help clients meet the demands of today’s fast-paced, global marketplace by providing strategic decision-making regarding their intellectual property portfolios.

As a multi-disciplinary law firm, we understand the demands placed upon companies to protect their critical assets. Thus, we work closely with other subject-matter experts within the firm to assist with business transactions, intellectual property matters with tax implications, acquisition of intellectual property, due diligence, and counseling on related matters.

TRADEMARKS & BRANDING

Our trademarks and branding attorneys have extensive experience counseling clients on trademark and brand protection worldwide, assisting with securing trademark protection, and enforcing trademark rights. We manage trademark portfolios of all sizes, including portfolios consisting of several hundred U.S. and foreign registrations, and routinely negotiate and draft licenses and other agreements that impact a party’s trademark rights.

For example, we counsel clients on the necessary registrations to secure and maintain by weighing the related costs and return on investment for the registrations, then secure the desired registrations with the United States Patent and Trademark Office, and in the case of foreign registrations, work closely with our reliable network of foreign associates to secure protection.

COPYRIGHTS

We also counsel clients on protecting a broad array of works that qualify for copyright protection, as well as advise on fair use and public domain concepts to minimize the risk of infringing the copyrights of others. We skillfully negotiate and prepare documentation for deals with critical copyright components, such as music licenses, book publishing contracts, and work-for-hire agreements.

INTERNET COMPLIANCE & ENFORCEMENT

This area includes issues that arise on the internet such as protection of intellectual property online. Our experience includes handling claims brought under the Uniform Domain Name Dispute Policy (“UDRP”) and the Anti-Cybersquatting Consumer Protection Act (“ACPA”), both in federal court and before arbitration panels. We also counsel clients on the use of social media, help prepare social media policies, and assist in managing domain name portfolios.

TRADE SECRETS

We counsel clients regarding the types of data and technology that can be protected as trade secrets and recommend procedures to adopt to ensure their trade secrets are adequately protected. We also enforce clients’ rights to their trade secrets and defend clients against trade secret misappropriation and related claims, including breach of covenants not to compete.

LICENSE & RESELLER AGREEMENTS

When clients are seeking to commercialize their valuable intellectual property, our team negotiates and drafts licensing agreements and assignments covering all forms of intellectual property.

Learn more about our comprehensive business transactions practice.

LITIGATION

When litigation is needed, Gallagher & Kennedy’s intellectual property attorneys have the knowledge, skill, and experience to pursue or defend against trademark, service mark, and trade dress infringement, as well as anti-counterfeiting actions.

Our experience enforcing our clients’ rights and defending clients against enforcement actions spans all areas of intellectual property in courts throughout the country, including complex trademark disputes, copyright infringement actions, trade secret misappropriation, false advertising cases, and patent infringement.

Learn more about our robust litigation practice.

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