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intellectual property
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How well you protect your intellectual property–from tangible products to novel ideas–can make the difference between the success or failure of your business. You can rely on Herrick's experience in enforcing and protecting assets and rights involving copyrights, trademarks, unfair competition, trade dress, dilution, patent transactions (non-prosecution), counterfeiting, domain names, false advertising, trade secrets, publicity, privacy and moral rights, and in exploiting those rights through comprehensive licensing, co-marketing and advertising  agreements. We can also help you set up sweepstakes and other promotional programs in compliance with state and federal regulations.

We can help you:

  • Negotiate asset purchase and other merger and acquisition agreements involving IP assets
  • Conduct transaction due diligence
  • Negotiate IP security agreements
  • Prepare non-disclosure and confidentiality agreements
  • Draft distribution agreements
  • Effect the transfers of IP assets through assignments and government recordals
  • Issue enforceability and ownership opinions
  • Pursue infringements
  • Negotiate licenses and merchandising agreements
  • Draft publicity and celebrity endorsement agreements
  • Address the IP issues in start-up ventures, new marketing programs, and product and service offerings
  • Obtain third-party permissions and licenses
  • Clear usage rights
  • Determine enforceability and exposure to risk

 

On the new media side, tap into Herrick's experience in:

  • Software development and licensing
  • Software and systems maintenance
  • On-line advertising and marketing programs
  • Digital rights management
  • Web site development and hosting
  • Internet domain transfers
  • Anti-cybersquatting claims
  • Online-privacy
  • Computer and systems hacking
  • Outsourcing
  • Click/shrink-wrap agreements
  • Content/data licensing
  • Multimedia product development

 

Life sciences interests turn to Herrick for help negotiating:

  • Sponsored research agreements
  • Technology transfers
  • Patent licenses
  • Distribution agreements

 

Our clients include:

  • Consumer product companies
  • Business-to-business service providers
  • Financial institutions
  • Art and book publishers
  • Apparel companies
  • Film producers
  • Music rights owners and publishers
  • Video game companies
  • Art galleries
  • Real estate developers
  • Architects
  • Sports franchises
  • Medical device manufacturers
  • Emerging new media and high-tech ventures
  • Web site developers and operators
  • Software vendors and developers
  • Technology end users
  • Medical technology companies
  • Pharmaceutical companies
  • Nutraceutical companies
  • Health care providers

 

Our practice spans the globe and we have a worldwide network of foreign intellectual property counsel and respected trademark agents with whom we work regularly, including through our membership in the respected TAGLaw international law firm network. We can serve you wherever in the world your business interests take you, without the economic inefficiencies of a typical large multinational law firm.

Registration Services

We can help you select, clear, register and maintain trademarks and service marks, as well as register and maintain copyrights, in the United States and abroad. Our docketing system ensures timely maintenance of USPTO and foreign trademark registrations and domestic "intent-to-use" applications. We have experience responding to USPTO office actions and Copyright Office inquiries, and in providing registrability opinions.