Intellectual Property
Our Law Firm
The F&H Law Firm engages in intellectual property representation of clients in copyright, trademark, trade name, patent, trade secret, unfair competition, protectable ideas and trade dress matters. Intellectual property rights are relevant in nearly all industries. Intellectual property rights pose unique challenges in business environments. Unlike automobiles that have titles and real estate that have deeds, evidence of ownership of intellectual properties is far more complicated and often clouded The need for clarity in licenses and assignments of intellectual properties is paramount to an effective contract. Likewise, the uncertainty of ownership is often the basis for many intellectual property lawsuits.
Contracts and Agreements
Licenses and assignments of intellectual properties diverge from other types of property transfers. The derivation of the intellectual property often determines the stipulations of a license or assignment contract. It may even be appropriate to record an assignment of intellectual properties with the applicable governmental agency. The F&H Law Firm provides legal representation to clients in preparing agreement that call for the license or assignment of intellectual properties.
Litigation
We are familiar with recognizing the issues and means to protect intellectual property rights through the state and federal courts. Injunctive relief, forcibly prohibiting another from taking action such as offering for sale a patent-infringing product, is essential to preserving and protecting intellectual property rights. Seeking damages for anothers wrongful infringement of trademarks, patents and copyrights requires a distinctive analysis of the damages caused by the infringement.
Administrative Proceedings
The Law Offices of Kevin H. Fabrikant & Associates PL provides representation of clients before administrative proceedings with the Trademark Trials and Appeals Board, as well as other administrative proceedings relating to intellectual properties
Prosecutions and Registrations
The F&H Law Firm has registered trademarks and copyrights with the United States Patent and Trademark Office and United States Copyright Office, respectively. Registering intellectual properties provides protection and opportunities beyond those available under common law.
Intellectual Property: Litigation and Licensing
We have significant experience in litigating complex patent, trademark, copyright, trade secret and unfair competition disputes before the federal courts and the United States Patent and Trademark Office. Our attorneys combine in-depth technical knowledge and experience in IP law with courtroom advocacy skills. They are well-known for their ability to present complex technologies and complicated legal issues in a way that can be readily understood by a judge and jury.
Our litigation attorneys have experience trying a wide variety of matters from licensing disputes, to registration disputes, to challenges to ownership tights. From small licensure enforcement cases, from complex mitagating and trade dress actions to more commonplace word-mark matters. Regardless of the size of the matter, we have the technical and courtroom capabilities necessary to provide our clients with the highest possible quality representation
The law of licensing is closely tied to the law of intellectual property, particularly when determining royalties and the breadth of rights that may be governed by the license agreement. We are well equipped to work with these aspects of licensing law as a result of our participation in the case law that has formed the foundation of modern theories on infringement compensation. Our professionals understand the significant advantages that an intellectual property license can offer.
Intellectual Property: Patent, Copyright and Trademark Prosecution
Our services include conducting searches and investigations to determine the availability of marks and obtain federal, state and foreign registration of trademarks, service marks, collective marks and certification marks. The firm’s search and investigative services extend to designs and other non-traditional marks (such as auditory marks).