Trademark & Copyright

Registered and Copyright TrademarkWe are aggressive litigators in trademark and copyright matters. We can also help you protect your rights in trademarks and copyrights. We can handle filing and pursuing your applications with the government. We can handle aggressively preventing others from abusing the rights we have helped you protect.

Trademarks

Trademarks are the rights which people and business create by using a symbol to represent their business. The law of trademarks is very sophisticated and complex. We have been involved in many trademark actions, to both enforce and defend trademarks.

Copyrights

Copyrights are the important rights which an author of a work has over the work. There are trademark rights not only in books and plays, but in art, pictures, and music. The rights are broad. But not protecting your rights can lead to their loss. We can work for you to both file copyrights and to protect your rights against others.

Patents

We are available to provide advice regarding patent issues and to prosecute patent applications. We work closely with attorneys who will personally investigate your patent interests in the east coast government office. We are able to provide thorough answers. The multi-billion dollar businesses of Amazon.com and Priceline.com are both founded on patents.

Internet

We are experienced Internet attorneys. We have litigated important issues involving the Internet and are involved in ongoing litigation. We have litigated domain name cases. We can protect your name and work to prevent others from infringing upon your name.

What does this cost?

Much of this work is done on an hourly basis, but in some cases we work on a contingency fee, where you only pay a portion of whatever we recover for you. If we do not prevail, you do not owe any attorneys’ fees. Costs are separate from fees and in many cases can be financed, so if there is no recovery, none are due from you. We discuss all costs and fees up front with each of our clients, so you know what the arrangement is, exactly.

Trademark and Domain Names. We have aggressively and creatively litigated trademark cases, including the following published decisions:

1. Lucent Technology, Inc. v. Johnson, Russell Case No. CV 00-05668-GHK (RNBx) United States District Court for the Central District of California 2000 U.S. Dist. Lexis 16002; 56 U.S.P.Q.2D (BNA) 1637, September 12, 2000. (Plaintiff pled sufficient facts to state a claim under the Anti-Cybersquatting Consumer Protection Act against defendant, who incorporated plaintiff’s mark into the domain name for a web site that offered pornography for sale.

2. Lucent Technology, Inc. v. Lucenstucks.com Civil Action No. 99-1916-A, United States District Court for the Eastern District of Virginia, Alexandria Division, 95 F.Supp.2d 528; 2000 U.S. Dist. Lexis 6159; 54 U.S.P.Q.2d (BNA) 1653, May 3, 2000. Plaintiff’s in rem action against defendant domain name was dismissed because the identity and address of the registrant of the domain name had been found and in personam jurisdiction was possible.

We have represented an individual against a pornographer and an Internet Service Provider for negligence and consequential damages.

We have represented a charity and the son of a Cold War hero in an action which successfully resulted in the transfer of the domain name Cold War Museum to the Francis Gary Powers Museum For the Study of The Cold War. The Cold War Museum has a relationship with the Smithsonian Institution, is a Federally recognized charity, and is currently moving forward to establishing a permanent location on a former nuclear missile silo outside of Washington, D.C.

Copyright. Our motion for summary judgment was granted by the District Court and affirmed by the Ninth Circuit Court of Appeals, setting a precedent on the issue publication without notice of copyright. Bagdadi v. Nazar, et al, 84 F.3d 1194 (9th Cir. 1996). We have represented numerous designers, manufacturers, importers, and retailers of various merchandise, including jewelry pins, watches, children’s action figures. We represent a music composer of the score of a Broadway musical in an action for copyright.

Trade dress. We have represented restaurants in claims involving trade dress of their facilities, menus, and way of doing business.

Patent. Thorough our association with counsel in Virginia (within three miles of the U.S. Patent and Trademark Office) we are able to offer patent searches, clearing, applications and prosecution.