Since our earliest days, most notably on the Napster copyright litigation, the firm has represented individual and corporate clients regarding their copyright, trademark, and trade secret issues.
In copyright matters, we have advised musicians and artists, recording companies and media outlets, as well as software developers and startup businesses about their respective copyright issues. Because our partners have extensive knowledge of the rights and limitations of copyright protections, the firm has represented clients on both sides of copyright disputes. The firm has also been at the forefront of the conversation about fair use in copyright, having set national precedent in 2013 with our victory on behalf of the appropriation artist Richard Prince. Additionally, advancements in AI have raised new questions relating to intellectual property protections in this area, something we successfully resolved in our representation of the estate of George Carlin after a company allegedly “resurrected” him using AI.
We also advise our clients regarding trademark issues, including under the Lanham Act and state trademark laws. Our partners have represented clients in major lawsuits involving trademark infringement, trademark dilution, and other Lanham Act claims, including false advertising and cybersquatting. As part of our IP counseling, we advise clients on protecting their brands with proper trademark registration. We also counsel on resolving potential conflicts between competing brands and represent our clients if they infringe another’s trademark or have their own trademark rights infringed upon. The firm has represented clients ranging from individual creators to small startups, to multinational conglomerates in connection with trademark issues. Our knowledge and experience with both the Lanham Act and its state analogues ensures that we can represent clients on either side of a dispute.
Ultimately, our clients come to and count on us to protect their valuable brands, intellectual property, and trade secrets — not only in court, but also in providing strategic advice in an ever-changing marketplace. A mobile workforce, remote connectivity, and electronic storage of sensitive information all present complex legal issues that require quick and aggressive action. The passage of the Defend Trade Secrets Act also significantly changed the landscape of trade secrets law and requires businesses to navigate issues that were once rare or nonexistent.
Our team understands these issues and has significant experience guiding our clients through the laws and regulations that govern trade secret protection. We have the technical knowledge to evaluate such claims across myriad technologies and are recognized thought leaders in protecting trade secrets, including as authors and co-authors of well-respected works, such as a treatise on trade secrets law.
Similarly, we have provided sophisticated counseling to executives in connection with departures from one company and transitions to new companies and have successfully negotiated resolution of employment and termination claims, limitations on noncompete agreements, and whistleblower complaints.