Intellectual Property

Intellectual Property matters include transactions regarding copyrights, trademarks, trade secrets, domain names, and websites including:
Agreements
Acquisition
Branding
Clearance
Consulting and auditing
Development
Due Diligence
Dispute resolution
Mergers and Acquisitions
Indemnifications
Infringement enforcement and defense
Joint Ventures and other alliances
Licensing
Privacy Compliance

Trademark

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of another. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce by someone other than its owner, to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of such person’s goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization.

Fox Law Group provides a full range of domestic and international trademark services including:
Branding– We counsel clients on proper and most beneficial trademark usage as well as brand development of mark(s).
Licensing– We counsel clients on developing a licensing program and will negotiate licensing rights on behalf of its clients when appropriate.
Clearance and risk analysis–Thorough searching and analysis for use and registration of marks is provided by Fox Law Group to reduce risk of trademark litigation.
Registrationand maintenance – Fox Law Group will file, prosecute, and maintain State, federal, foreign and international trademark applications and registrations.
Trademark Trial and Appeal Board (TTAB) proceedings– We are experienced in prosecuting and defending oppositions, cancellations and appeals before the TTAB.
Enforcement and dispute resolution – Fox Law Group provides infringement defense and will enforce trademark rights against infringers. In addition, we will prepare agreements such as assignments, purchase and sale, settlement, consent, and others.

Copyright

The U.S. Copyright Act is Federal legislation enacted by Congress under its Constitutional grant of authority to protect the writings of authors. Therefore, copyright may apply to a wide range of creative, intellectual, scientific, or artistic forms or "works". To be covered by copyright a work must be original and in a concrete "medium of expression." Specifics vary by jurisdiction, but these works can include poems, theses, plays, other literary works, movies, dances, musical compositions, paintings, drawings, sculptures, photographs, software, and radio and television broadcasts. Note that copyright does not cover ideas and information themselves, only the form or manner in which they are expressed.

A copyright gives the owner the exclusive right to reproduce, distribute, perform, display, or license his/her work. The owner also receives the exclusive right to produce or license derivatives of his/her work. Limited exceptions to this exclusivity exist for types of "fair use." However, other laws such as trademark and patent law may impose additional restrictions that copyright does not.

Although copyright protection automatically exists from the moment of creation for any work that satisfies the originality and fixation requirements, timely copyright registration with the U.S. Copyright Office allows a copyright owner to file an infringement lawsuit and if infringement is determined, recover statutory damages and attorney’s fees and costs from the infringer. In addition, the copyright registration provides prima facie evidence of originality and ownership of the work.

Fox Law Group provides counseling, acquisition, registration, enforcement, and agreements (such as development, ownership, work-for-hire, non-disclosure, assignment, licensing, purchase and sale, and others) regarding U.S. and International copyrights laws.