Herrick’s Intellectual Property Group draws on the legal acumen of seasoned IP litigation and transactional lawyers to protect, preserve and enhance the value of brand names, works of authorship and original content, designs, publicity rights, novel ideas, and proprietary technology and information, as well as advise clients on e-commerce business and privacy issues. Our services are provided to a wide range of clients across diverse industries, including fashion and apparel, luxury goods, art and photography, sports, media, marketing, publishing, music, and a wide variety of online businesses and technology services.

We have extensive experience licensing brands, content, data and publicity rights, and litigating copyright, trademark, rights of publicity, false advertising, trade secrets, licensing and other IP disputes in state and federal courts. We feature a robust copyright and trademark practice focused on clearing, registering, maintaining and assigning copyrights and trademarks in the U.S. and abroad. International entities also frequently turn to us to protect, license and enforce their rights in the U.S., and our global network of trademark counsel gives our multinational clients international reach with centralized administration, registration and enforcement capabilities.

The Herrick team also has deep experience in software and tech licensing, including cloud computing and SaaS services, service level agreements and source code escrows.

Trademark and Copyright Registration and Prosecution Services

Our global trademark practice provides cost-effective services for clearing, registering, maintaining and assigning trademarks in the U.S. and abroad. We also assist clients with copyright registrations, and copyright and patent assignments. We issue and advise on comprehensive trademark use and registration opinions, factoring in clients’ business needs and level of risk tolerance.

Corporate Transactions

We assist clients in conducting IP due diligence, documenting IP transfers, preparing and recording IP security agreements, and issuing enforceability and risk assessment opinions. We also provide incisive counsel for M&A transactions involving IP assets, including joint ventures, strategic alliances and IP asset acquisitions and financings.

Intellectual Property Litigation

Our litigators have broad experience enforcing and defending IP rights and assets in a wide variety of industries. We also regularly litigate copyright, trademark and licensing disputes, and other types of IP disputes, as well as trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office.

E-commerce and Doing Business Online

Many clients look to us to provide advice and guidance on their online business operations at both the retail and B2B levels. This includes drafting and updating online terms of use and privacy policies, complying with privacy laws and regulations, negotiating website development and hosting agreements, domain name disputes and assignments, ADA compliance, and defending claims against Internet service providers.

Cybersecurity

The threat and huge impact of cyber-attacks has grown exponentially in recent years. We guide our clients on responding to data breaches, complying with federal and state data security laws, and complying with state data breach reporting laws. Our Insurance Group also works with our IP Group in advising clients on appropriate cyberinsurance coverage.

Areas of Focus:

  • Anti-counterfeiting counseling and enforcement
  • Contract disputes involving IP and technology
  • Copyright registration, assignment and counseling
  • Data breaches
  • Data privacy and security
  • Domain name and cybersquatting disputes
  • False advertising
  • IP and technology transfers and joint ventures
  • Licensing transactions and disputes
  • M&A due diligence involving IP and technology assets
  • Music licensingPublishing agreements   
  • Publicity rights licensing and related litigation
  • Sponsored research agreements and joint ventures
  • Sponsorship and naming rights transactions
  • Software development and licensing, including cloud computing
  • Website development and hosting
  • Trade dress protection and infringement
  • Trade secret audits, agreements and litigation
  • Trademark clearance, registration and portfolio management
  • Trademark and copyright infringement
  • Unfair competition