Your intellectual property (“IP”), including business model, customer lists, designs, processes and other trade secrets are important to your business and require protection. Berry Moorman helps its clients develop and protect their IP and technology based assets by employing a variety of protective measures including copyright and trademark registration, as well as internal and external agreements that allow clients to maintain their competitive edge.
Whether a large or small business or an independent artist, it is important to make sure your original work is protected from potential infringement by others. Registering your work with the U.S. Copyright Office–whether a brochure, website content and design, or artistic work–is important in order to gain additional statutory protection and remedies that otherwise would not be available. We can assist you with a number of copyright related legal issues including:
- Copyright registration with the US Copyright Office,
- Federal copyright protection and litigation,
- Copyright assignment and license agreements,
- Copyright infringement cease and desist notices and litigation,
- Digital Millennium Copyright Act (“DMCA”) take-down notices, and
- DMCA Section 512 safe harbor protection.
Trademarks and Domain Names
Your business name and associated marks allow your customers to easily identify your goods or services. The registration of a trademark not only ensures the exclusive use of that mark, but also protects the goodwill you worked hard to establish. Our Michigan trademark attorneys can assist you with a number of trademark and domain name related legal issues including:
- Trademark, service mark, and trade name registration and renewals with the US Patent and Trademark Office (“PTO”),
- Michigan trademark registration,
- Federal and trademark protection and litigation,
- Domain name dispute resolution under the Uniform Domain Name Dispute Resolution Policy (“UDRP”),
- Domain name litigation under the Anti-cybersquatting Consumer Protection Act (“ACPA”) and Lanham Act,
- Trademark and domain name assignment and license agreements,
- Trademark infringement cease and desist notices and litigation,
- Trademark security agreements, and
- Domain name assignment.
Trade Secret Protection
Your IP and trade secrets should also be protected from internal and external misappropriation from employees, business partners, and others with access. Legal services related to trade secret protection include:
- Noncompete and nonsolicitation agreements,
- Nondisclosure and confidentiality agreements,
- Employee internet usage policies and confidentiality agreements,
- Utilization of the Uniform Trade Secrets Act to prohibit the misappropriation and improper disclosure of trade secrets, and
- Noncompete litigation and negotiation including temporary restraining orders (“TRO’s”) and injunctive relief.
Internet and E-commerce
The internet and computer use has seen explosive growth over the last 15 years, and as a result, real opportunities in this field exist for entrepreneurs and existing businesses alike. We assist businesses with routine and unique circumstances involving legal issues ranging from website development agreements, software development agreements, tax and reporting requirements, and more. Here is a list of the various internet and e-commerce issues we can assist you with:
- Software, Database, and Website Development Agreements,
- Software Marketing and Distribution Agreements,
- Hardware Maintenance, Support, and Service Agreements,
- Software Maintenance, Support, and Service Agreements,
- Web development and hosting agreements,
- Legal issues specific to internet business startups,
- Online contracting and electronic signatures,
- Privacy and security issues,
- E-commerce taxation issues including the Streamlined Sales Tax Project,
- Service provider agreements, and
- Communications Decency Act (“CDA”) safe-harbor protection.
Patent Licensing and Litigation
Protect your existing patents from infringement, misappropriation, or dishonored license agreements. We can vigorously defend your property rights for you, including cease and desist letters and litigation. For our clients interested in registering a patent, Berry Moorman has relationships with a number of firms that specialize in patent prosecution.
Our intellectual property attorneys are experienced in handling an array of matters involving trademark registration, copyright protection, licensing, and litigation. Berry Moorman is dedicated to providing our clients with sound business advice and unparalleled legal representation.
Protecting Intellectual Property in Digital Marketing Assets by John Wright (March 2016)