Intellectual Property & Technology

In today's dynamic business environment, the development, protection and exploitation of a client's intellectual property is often critical to its success. Indeed, virtually every company owns some form of intellectual property -- whether it is a trademark, copyright, trade secret or patentable invention -- that is integral to the company's business. Companies ignore the potential value of such rights at their peril. Thus, at Hirschler Fleischer, our Intellectual Property Practice Group is dedicated to providing creative and commercially practicable solutions to maximize the value of our clients' intellectual property assets. Our services range from the identification, protection, acquisition, licensing and sale of intellectual property assets to aggressively enforcing and defending our clients' rights in those assets.

Our clients range from entrepreneurs and start-up businesses to regional mid-size companies to national and international corporations. Our clients hail from a variety of industries, including financial services, chemical manufacturing, electric power distribution, commercial real estate development, software development and distribution, e-commerce, business consulting, toy manufacturing, national moving and local storage, food service, biotechnology and medical device manufacturing, defense contracting, and architecture, as well as local and national entertainers, sports figures, authors, recording artists and production companies.

The attorneys in our Intellectual Property Practice Group bring a multi-disciplinary approach to providing comprehensive solutions to our clients' intellectual property needs. Our experience includes counseling our clients regarding a wide range of commercial matters, including:

  • Assessing the availability, selection, and use of trademarks, service marks, trade dress and trade names in product or service branding, marketing and advertising,
  • Preparing and prosecuting applications for state, federal and foreign trademark registration and for federal copyright registration,
  • Managing and maintaining domestic and international trademark portfolios,
  • Developing and implementing domestic and international trademark registration programs and strategies,
  • Conducting intellectual property audits to identify and develop protection strategies for our clients' valuable intellectual property assets,
  • Providing comprehensive investigation and assessment of risks in connection with the potential acquisition, sale or licensing of intellectual property assets, including due diligence in connection with merger and acquisition, financing and other corporate transactions,
  • Preparing and negotiating agreements for the acquisition, sale, and licensing of patent, copyright, trademark, trade secret, know-how and other proprietary rights, including supply and distribution agreements, software and technology development agreements, technology transfer agreements, master services agreements, application service provider agreements, web site development, hosting and other e-commerce agreements, as well as entertainment-related agreements, such as publishing, artist recording, and music licensing agreements,
  • Advising on creation of business structures to efficiently develop, protect and exploit valuable intellectual property, including strategic alliances and joint venture opportunities,
  • Drafting employment, nondisclosure and confidentiality agreements,
  • Assisting clients in the development of effective internal processes and controls to manage the efficient protection, use and licensing of proprietary or third-party intellectual property,
  • Privacy and data security matters.

Attorneys in our Intellectual Property Practice Group also have deep experience in litigating and resolving intellectual property-related disputes, including representing both plaintiff and defendant clients on various matters, such as:

  • Administrative enforcement matters, including trademark opposition and cancellation proceedings before the United States Patent and Trademark Office's Trademark Trial and Appeal Board.
  • Patent infringement, trademark infringement, copyright (including software) infringement, trade secret misappropriation, false advertising and unfair competition actions in state and federal court.
  • Intellectual property-related breach of contract matters.

While we have a highly talented group of attorneys who have worked on intellectual property matters ranging from basic registration and protection to complex transactions and litigation, our focus is always to provide commercially practical, timely and cost-effective solutions that meet the needs of our clients' businesses while exceeding their expectations.