Practice Area

Intellectual Property

All Practices

Intellectual property has steadily gained importance in today’s competitive and evolving business landscape. Fowler White recognizes that intellectual property is now among a company’s most valuable assets and as such, presents numerous business challenges.

We partner with clients to develop and implement the strategies required to protect their innovations, creative works and brands throughout the U.S. and around the world. Our attorneys have experience managing, protecting and leveraging intellectual property in order to maximize our clients’ revenue and help them achieve business objectives.

The members of our Intellectual Property Group combine broad business and litigation capabilities with technical skill and experience in the intellectual property arena. We represent corporate clients across a broad range of industries, from multinational companies to start-up ventures, as well as owners of creative works and individual entrepreneurs.

Trademark

A company’s name, website domain, trademark and trade dress often comprise its most valuable assets. Obtaining a trademark registration and preventing its infringement are critical elements to the success of a business. Fowler White’s intellectual property attorneys assist clients in the strategic selection, registration, management and enforcement of these assets.

Our trademark practice offers the full spectrum of services:

  • Clearance and registration searches to determine availability
  • Preparation and filing of all registration and post-registration documents
  • Monitoring the use of trademarks by company employees, partners and vendors
  • Providing counsel on proper usage of trademarks in advertising and packaging
  • Preventing third-party misappropriation of trademarks by opposing registrations and seeking cancellations of existing registrations in the USPTO
  • Negotiating and documenting trademark licenses and assignments
  • Handling appeals from the U.S. Patent and Trademark Office
  • Representing clients in litigation and other proceedings involving trademarks

With our increasingly global economy, companies often need to file trademarks in more than one country. Our attorneys bring specific knowledge of countries, legal systems and international markets to protect and further our clients’ interests. Fowler White provides cost-effective strategies for registering and enforcing trademarks worldwide. Our services also include:

  • Counsel regarding the WTO Trade Agreement on Trade-Related aspects of Intellectual Property Rights
  • Advice on specific provisions for protecting IP rights under other international, regional and bilateral agreements
  • Prosecution and defense of matters relating to unfair trade practices, including trademark infringement, before the International Trade Commission

Copyright

Copyrights play a vital role in protecting original creative works, from books, paintings and musical recordings to computer software. Fowler White helps companies and individuals protect their copyrights.

Today’s emerging technologies make copyright law more complex than ever before. Our attorneys stay at the forefront of the legal issues shaping this dynamic field. In addition to counseling clients regarding registration, we can assist with:

  • Copyright policing and enforcement
  • Analyzing scope of copyright protection available for new media
  • Providing advice on copyrights in the context of the Internet
  • Acquisition, sale and licensing of copyrighted works
  • Counsel regarding “works made for hire”
  • Protection of databases and software
  • Digital performance rights
  • Use of technology to protect copyrighted material
  • Copyright protection in online material

Trade Secrets

With the rise in employee mobility, remote computer access and raiding of competitor talent, the protection of trade secrets is critically important to a company’s competitive advantage and success. Fowler White’s intellectual property attorneys provide strategic planning and ongoing counseling to identify and safeguard confidential information, whether in the form of business processes, technology, data or customer relationships.

We assist clients with implementation of trade secret protection programs and procedures. Our experience and services include:

  • Drafting and review of confidentiality, non-disclosure, non-circumvent and employee agreements
  • Assessing adequacy of existing policies, practices and systems
  • Developing internal procedures for companies to identify and protect trade secrets
  • Formulating trade secret theft policies and practices applicable to current, future and former employees
  • Negotiating the sale, acquisition or licensing of proprietary information

Intellectual Property Litigation

Our attorneys prosecute and defend cases involving infringement, misappropriation and counterfeiting of intellectual property. We provide the immediate and decisive action that is often required to enforce IP rights, secure injunctive relief and recover monetary damages.

With experience in state and federal courts, as well as with alternative dispute resolution proceedings, Fowler White handles complex IP lawsuits related to the following:

  • Trademarks
  • Trade dress
  • Domain names
  • Trade secrets
  • Copyright
  • Technology transfer and licensing
  • Computer software-related disputes
  • False Advertising

Patents