Our Trademark Practice Group works with our clients early in the trademark selection process to perform clearance searches and assist in the selection of strong and legally enforceable trademarks. Our attorneys routinely interface with our clients’ marketing personnel and brand managers in the selection process, developing a thorough understanding of the product or service and the market opportunities envisioned for the future. This collaboration results in a valuable brand protection strategy for our clients. We file electronic applications at the Trademark Office under a discounted fee structure to reduce costs for clients. We also manage international portfolios for our clients and devise strategies for effective worldwide brand protection.
When necessary, FLH attorneys are expert at protecting clients’ rights through litigation and administrative procedures. We initiate proceedings at the United States Patent and Trademark Office, the federal courts, and before the International Trade Commission. We are sensitive to the costs and risks associated with litigation and attempt, whenever possible, to resolve issues on a negotiated basis, often through licenses or co-existence agreements. We are skilled in crafting settlements that protect our clients’ rights, extract value, and allow clients to focus on business and execution of their creative and brand strategies.
When competitors engage in false or misleading advertising, we are able to swiftly address their misrepresentations to obtain either voluntary cessation of the advertising, corrective advertising, and/or injunctive relief and damages for any injury sustained to our client’s reputation or sales.
Trademark and copyright portfolio strength can be important when businesses are being bought and sold. We have extensive experience in valuation and due diligence, obtaining sound legal rights and maximizing financial value at completion of the transaction. Occasionally such transactions require a “splitting” of the brand, where certain rights are transferred while others are maintained by the seller. We have experience in the various mechanisms of splitting a brand, and advise clients on splitting the brand in a way that preserves the trademark rights and the brand value.
As value ascribed to intellectual property rights continues to constitute a higher value on company’s balance sheets, we are poised to protect our clients’ valuable intangible assets and deftly navigate through sometimes stormy situations to obtain the best result possible.