Intellectual Property Law
Your Intellectual Property (“IP”) is the unique, intangible extension of your vision as an artist and/or business owner. Inextricable from your reputation, IP is your most valuable asset, so it must be properly protected.
Securing Intellectual Property
The Law Office of David H. Faux, P.C. assists in securing IP for its clients with respect to copyright, trademark, trade secret, technology assets, and more. Our IP clients include novelists, photographers, motion picture professionals, software developers, general business owners, fashion designers, and more. Among the services we offer are:
- Drafting and filing copyright registrations;
- Vetting works with respect to defamation, rights of publicity, invasion of privacy, and fair use;
- Counseling and representing our clients in registering trademarks and trade dress;
- Assessing clearance on trademarks for prior uses domestically and internationally;
- Tailoring trademark assessments for each client whether positioning for expansion into the European Union, BRIC nations, the Far East, or worldwide;
- Developing corporate policies that reflect best practices in maintaining trade secrets consistent with anti-trust concerns;
- Establishing policies to keep information protected from misappropriation (e.g., research and development compartmentalization, information security, employment policies, physical security policies, and Human Resources policies);
- Drafting, negotiating, and implementing non-disclosure agreements, non-compete agreements, non-solicitation agreements, employment contracts, pre-invention assignments, and Internet-related documents (e.g., Terms of Use and Privacy Policies); and
- Providing letters of opinion for errors and omissions insurance policies, potential investors, or simply for clients to have on file.
Maintaining and Protecting Intellectual Property
The Law Office of David H. Faux, P.C. maintains copyright, trademark, trade secret, and technology assets for a diverse clientele by:
- Analyzing existing copyright licenses and assignments as to termination and general scope of rights;
- Structuring and negotiating collaboration, de-collaboration, agency, adaptations, publication, and other transactions;
- Executing clearance procedures for all ongoing and derivative uses of a client’s intellectual property portfolio;
- Corresponding with the United States Patent and Trademark Office (the “USPTO”) regarding applications, renewals, continuous use, incontestability, ownership, prior use claims, cancellations, amendments, merger records, and assignments;
- Responding to official actions by the USPTO and representing clients defending against oppositions and petitions for cancellations before the Trademark Trial and Appeal Board;
- Providing a variety of policing packages for domestic and international territories in order to protect intellectual property rights;
- Enforcing clients’ interests through cease and desist letters, settlement agreements, and a variety of other methods;
- Conducting regular audits of clients’ existing trade secret protection policies and employment agreements; and
- Ensuring preservation of trade secrets according to best practices and industry standards, thereby minimizing clients’ risk.