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Intellectual Property


Overview

Carlton Fields' intellectual property attorneys represent some of the most respected and recognized brands in the world in patent, trademark, copyright, trade secret, and false advertising matters.

Intellectual Property Litigation

Our world-class intellectual property litigators and appellate attorneys represent clients in venues where IP cases are most often litigated, including the Middle and Southern Districts of Florida, the District of Delaware, the Southern and Eastern Districts of New York, the Eastern District of Texas, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims, the U.S. International Trade Commission (USITC), the Patent Trial and Appeal Board (PTAB), and the Trademark Trial and Appeal Board (TTAB).

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    Our team has first-chaired seminal cases that have changed the IP landscape. And our deep industry experience in high technology, financial services and insurance, media and digital media, entertainment, software, medical devices, pharmaceuticals, telecommunications, construction, and other fields makes every case we litigate more efficient.

    Our team regularly handles disputes involving:

    • Patent infringement
    • Trademark and branding litigation
      • TTAB opposition and cancellation proceedings
    • Copyright litigation and counseling
    • Internet and social media
    • Entertainment
    • Advertising and promotions
    • Pharmaceutical and life sciences
      • ANDA, biosimilars and follow-on biologics, biotechnology
    • Data security and privacy
    • Digital Millennium Copyright Act
    • PTAB post-grant review proceedings
      • Inter partes reviews, post-grant reviews, and covered business method reviews
    • USITC Section 337 proceedings
    • Trade secrets and related litigation
      • Defend Trade Secrets Act; Computer Fraud and Abuse Act; Stored Communications Act; Electronic Communications Privacy Act; Economic Espionage Act; and various state Uniform Trade Secret Acts, unfair and deceptive trade practices statutes, and computer hacking and privacy statutes
    • ICANN domain disputes
      • UDRP, URS, cybersquatting
    • Commercial disputes and unfair competition
    • Restrictive covenant enforcement

Intellectual Property Protection & Portfolio Management

We secure domestic and international IP rights through patents, trademarks, copyright registrations, domain names, and other forms of intellectual property. Our registered patent lawyers and brand specialists devote their practices to helping clients establish and transform their intellectual property rights into business assets.

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    Patents

    Our registered patent lawyers practice in a wide range of technologies and fields, including software, financial services, medical devices, health care, telecommunications, mechanical devices, and pharmaceuticals. Our team also has deep industry experience and a cutting-edge understanding of high technology, including software design and programming, blockchain, and cybersecurity. Our team provides a variety of patent portfolio services including:

    • Patent applications, prosecution, and representation of clients before the U.S. Patent and Trademark Office (USPTO) and international patent offices
    • Patent infringement, invalidity, clearance, and patentability opinions
    • Cease-and-desist letters
    • IP audits
    • Patent licenses
    • Assignments and ownership transfers
     

    Trademarks, Websites, and Domain Names

    Our trademark lawyers are recognized by industry publications as among the best in the United States. We establish and manage global trademark and domain name portfolios for world-class brands. Members of our team include Apple's original trademark attorney who developed and implemented Apple's domestic and international trademark program; the author of World Trademark Law and Practice (LexisNexis, five volumes), a treatise that addresses trademark procedures in more than 150 jurisdictions around the world; and attorneys board certified in Intellectual Property Law by The Florida Bar. Our work includes:

    • Global trademark applications, prosecution, and maintenance
    • Trademark policing and enforcement
    • Opposition proceedings
    • Cancellation proceedings
    • Domain name registration, maintenance, and enforcement
    • Cybersquatting policing
    • Unfair competition
    • Passing-off claims
     

    Copyrights, Entertainment Law, and Publicity Rights

    Our copyright and entertainment lawyers advise clients regarding the acquisition, sale, and licensing of copyrighted works, and all types of development, licensing, and distribution transactions. Our practice includes two nationally recognized specialists in creative talent and entertainment ventures, and our team represents a veritable who's who of Michelin-starred chefs and restaurateurs, and multiplatinum-selling recording artists, songwriters, producers, and mixers.

    Our services include:

    • Content acquisition and license agreements with major film and television studios and other major content companies
    • Copyright applications and registrations and representation of clients before the U.S. Copyright Office
    • Copyright licensing
    • Authorship and joint ownership agreements
    • End-user license agreements
    • Work-for-hire agreements
    • Copyright audits
    • Endorsements agreements
    • Personal appearance agreements
    • Celebrity commercial real estate transactions
    • Talent agreements
     

    Company IP Programs, Policies, and Procedures

    We also design and implement internal IP portfolio management procedures for clients, including invention reporting, intercompany licenses, patent incentive programs and committees, employment agreements and procedures, confidentiality agreements, invention agreements, trade secret protection practices and policies, and copyright maintenance, licensing, and enforcement programs.

Technology & IP Transactions

Our IP transactional team negotiates and structures complex deals involving IP assets such as patents, trademarks, copyrights, trade secrets, industrial designs, and other forms of intellectual property. As an integral part of Carlton Fields' corporate, M&A, and private equity practices, our IP transactional lawyers provide expert and efficient advice on IP issues in commercial agreements, acquisitions, divestitures, joint ventures, alliances, and investments. Our team regularly conducts IP due diligence, prepares agreements and assignments, and advises on IP ownership, licensing, website terms of service, and privacy issues.

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    Our transactional team provides the following types of IP transactional services:

    • Software development and licensing arrangements
      • End-user license agreements (EULAs), app licenses, evaluation of open-source software
    • Nondisclosure agreements (NDAs), noncompetition agreements, work-for-hire agreements
    • Internal IP policies
    • Website terms of use and privacy policies
    • Patent, trademark, and copyright licensing arrangements
    • Technology and know-how licensing and royalty agreements
    • IP assignments and ownership changes
    • Marketing, reseller, and distribution agreements
    • R&D, teaming, and collaborative research agreements
    • Evaluation of government-funded patent and technical data rights

All Insights

Getting Creative With Video Games: Sync Rights and Wrongs

Getting Creative With Video Games: Sync Rights and Wrongs

October 21, 2019

In this series, we will discuss some of the fundamental concepts of intellectual property law as they relate specifically to video game companies and other unique players in the space, including esports teams and content creators.

Getting Creative with Video Games: Whose Game Is It, Anyway?

Getting Creative with Video Games: Whose Game Is It, Anyway?

October 2, 2019

In this series, we will discuss some of the fundamental concepts of intellectual property law as they relate specifically to video game companies and other unique players in the space, including esports teams and content creators.

Getting Creative with Video Games: DMCA Takedowns and You

Getting Creative with Video Games: DMCA Takedowns and You

September 18, 2019

In this series, we will discuss some of the fundamental concepts of intellectual property law as they relate specifically to video game companies and other unique players in the space, including esports teams and content creators.

Getting Creative with Video Games: Copyright, Public Domain, and Fair Use

Getting Creative with Video Games: Copyright, Public Domain, and Fair Use

September 11, 2019

In this series, we will discuss some of the fundamental concepts of intellectual property law as they relate specifically to video game companies and other unique players in the space, including esports teams and content creators.

The Game of the Name: Making Sure Your Trademark Is Available

The Game of the Name: Making Sure Your Trademark Is Available

August 29, 2019

In this series, we will discuss some of the fundamental concepts of intellectual property law as they relate specifically to video game companies and other unique players in the space, including esports teams and content creators.

The Game of the Name: Choosing a Trademark for Your Video Game

The Game of the Name: Choosing a Trademark for Your Video Game

August 15, 2019

In this series, we will discuss some of the fundamental concepts of intellectual property law as they relate specifically to video game companies and other unique players in the space, including esports teams and content creators.

The U.S. Supreme Court Swears the Lanham Act Violates the First Amendment. Again.

The U.S. Supreme Court Swears the Lanham Act Violates the First Amendment. Again.

June 24, 2019

The U.S. Supreme Court today struck down the Lanham Act’s bar on immoral or scandalous marks. This client alert discusses the Court’s decision and its impact on future trademark applications.

S1:E10 - Covering Your Digital Assets: Intellectual Property Rights and Gaming

S1:E10 - Covering Your Digital Assets: Intellectual Property Rights and Gaming

June 19, 2019

Steve and Nick explore intellectual property rights issues in gaming, and discuss recent cases involving alleged copyright and trademark infringement with intellectual property lawyer Gail Podolsky.

Trial Checklist

Trial Checklist

March 18, 2019

This chart provides a quick reference regarding motions and objections that may be made immediately prior to, during, and immediately after trial to preserve issues for appellate review.

NAIC Summer National Meeting Spotlights Innovation and Insurtech

NAIC Summer National Meeting Spotlights Innovation and Insurtech

October 1, 2018

In response to the accelerating pace of change, the NAIC’s Summer National Meeting in Boston focused on innovation and insurtech.

California Passes Stringent Privacy Law Akin to GDPR

California Passes Stringent Privacy Law Akin to GDPR

July 9, 2018

California passed a sweeping new privacy law similar to the EU’s GDPR. This article, which is relevant to all businesses that handle the personal information of California consumers, discusses rights and obligations under the new law, its scope, and the consequences of noncompliance.

Supreme Court to Resolve Copyright Registration Circuit Split

Supreme Court to Resolve Copyright Registration Circuit Split

July 2, 2018

The U.S. Supreme Court agreed to hear a case that should resolve the longstanding question surrounding what is required for a plaintiff to bring a copyright infringement claim. This article discusses the different approaches taken by the circuits and the reasons why the Supreme Court’s decision will be important.

The Rise and Fall of CBM Reviews

The Rise and Fall of CBM Reviews

February 27, 2018

Just five years on, Eleanor M Yost examines why the PTAB’s powerful tool may be in its final death throes.

If Your Employment Agreements Use This One Word, Ownership of Your Patents May Be in Jeopardy

If Your Employment Agreements Use This One Word, Ownership of Your Patents May Be in Jeopardy

January 23, 2018

Learn how certain words in an assignment — like “will” or “agrees to” — can inadvertently nullify immediate invention transfers.

Key Contacts

Other Team Members

Gary K. Slinger

Gary K. Slinger

Director of Security & Business Continuity

Carlton Fields TMap: Trademark Portfolio Tracker

Managing an international trademark portfolio is complex. Global companies may have hundreds of trademarks, which need to be registered, renewed, monitored, protected, and enforced. International trademarks add an array of complexity due to varying requirements, translations into new languages, differing local laws, and counterfeiting policies.

Carlton Fields has developed an interactive trademark portfolio tracker for clients to quickly view all of their pending and active trademark registrations worldwide. Each filing is marked on the map with a pin icon; clients can view information on those filings by clicking on the pin. 

Contact your Carlton Fields trademark attorney to set up your custom TMap.

                          TMap - click to log in  

MAP OVERVIEW

Carlton Fields TMap solution enables clients to search and view trademark registrations by specific brands, status (e.g. pending versus registered), and classes (the goods covered by the filing). Clients also can do a full text search for specific types of goods (e.g. search for socks). If a country has one or more trademark filings, a pin will display in that country. To get more information on those filings, click on the pin and use the left and right arrows to scroll through the filings. 


TMap: Carlton Fields' Trademark Mapping Tool


PIN DETAIL
TMap - detailed view of filings

Featured Insights

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.