A company’s brand and trademark distinguish it in a crowded marketplace and are among an organization’s most important assets. Protecting trademarks is essential to ensure brand names, marks, domain names, and other brand identifiers maintain their value.
Trademark registration affords companies federal protection from theft, infringement and other misuse of trademarks. We help our clients determine what can and cannot be trademarked, and then guide them through applying for and maintaining trademarks. Cohen Seglias attorneys protect our clients’ interests from the earliest stages of the process, including advising on initial searches of the Trademark Electronic Search System (TESS) and vetting third-party vendors for a thorough review of social media, public records and business directories. Our trademark experience enables us to ask clients the right questions as they proceed through the application process using the Trademark Electronic Application System (TEAS) and position them for approval from the U.S. Patent and Trademark Office (USPTO). When needed, our Group helps remedy any application deficiencies.
Once a trademark is established, protection and enforcement are essential, and our attorneys are experienced in managing both domestic and international trademark portfolios. We enforce a client’s trademark rights, whether through cease and desist letters or other forms of dispute resolution, including ICANN’s Uniform Domain-Name Dispute Resolution Policy (UDRP) and litigation brought forth under the Lanham Act.
Advertising and content creation, particularly as it expands into the digital realm, requires a keen awareness of copyright law and changes to existing regulations. We help clients keep current as copyright law continues to grow, providing advice on best practices for reviewing, revising and applying for new copyrights.
We have worked closely with an industry trade group to draft an amendment to the Copyright Act regarding embedded software licenses and regularly advise on software and technology licensing provisions and agreements.
Secondary Market Sales
Copyright and trademark laws provide limited rights for third parties to sell trademarked or copyrighted goods without the rights holder’s permission. These resale rights are called the “First Sale Doctrine,” and they allow libraries to loan out books, car dealers to sell used vehicles, and secondary resellers to distribute previously owned electronics on the internet. Despite the benefits these rights provide, resellers need to be mindful of how they market and procure their products to avoid violating the manufacturers and content creators’ copyright and trademark rights. Therefore, it is crucial that anyone selling products bearing another party’s trademarks consult with experienced counsel to ensure that they are not the target of an enforcement action. Our Group has defended cease and desist demands, advised on the marketing of third-party goods, and worked on policy matters for secondary market resellers.