Intellectual Property

Overview

Your business’ intellectual property may be its most valuable asset in today’s market. Protection of this asset is absolutely paramount, especially as certain markets transition from traditional brick and mortar operations to an online business model. The Digesti Law Firm provides strategic and forward-thinking counseling to its clients on the creation, adoption, protection, licensing, and sale of its clients’ intellectual property portfolio.

Intellectual Property Transactions

We represent our clients in a wide range of intellectual property matters including copyright, trademark, unfair competition, licensing, sale, and trade secret issues. We have negotiated complex and cutting-edge agreements touching on intellectual property licensing, protection, and management. Our intellectual property clients range from traditional dance studios to online sellers of unique animals and our experience ranges from negotiating technology agreements with T-Mobile to protecting intellectual property rights in the design of Kobe Bryant’s web site.

We begin by sitting down with each client and determining the business’s short term and long term goals. With those goals in mind, we identify and rank the most critical intellectual property assets and advise the client on the modes of protection available. If protected properly, the asset is now in position to create value for the business by generating revenue with little risk, generating a stream of revenue through licensing, or potential lump sum revenue through the sale to a third party.

Some representative intellectual property transactions and advisement include the following:

• Served as outside general counsel to multi-million dollar social networking companies.
• Advise clients on the legal implications of commercial business initiatives on intellectual property rights involving licensing, partnerships, joint ventures, and third-party vendors.
• Advise clients on legal implications of digital initiatives involving social networking, e-commerce transactions, customer data privacy, user-generated content, and digital intellectual property rights.
• Drafted, negotiated, and managed agreements including web site master services agreements, e-commerce agreements, merchandising agreements, VIP ticketing agreements, and various third-party agreements encompassing intellectual property rights, e-commerce, content creation, and production and software licensing.
• Successfully drafted and negotiated social networking and e-commerce agreements with attorneys representing Kobe Bryant, Chris Daughtry, New Kids on the Block, Back Street Boys, Papa Roach, Paul Oakenfold, Thalia, the Game, and T-Pain.
• Drafted and continually revised clients’ terms of service, privacy policies, and internal practices based upon current state and federal legislation.
• Advised client on cutting-edge software ownership rights and the most effective procedure for transferring those rights to a separate entity for eventual sale to a third party.
• Drafted and negotiated a consulting agreement with T-Mobile regarding the prototype of a cellular phone’s dress and functionality 10 years from now.

Intellectual Property Litigation

When litigation is necessary to protect our clients’ intellectual property rights, our attorneys draw on years of trial experience in federal and state courts to aggressively protect their intellectual property rights.

The strategy and tools necessary to litigate intellectual property claims differ somewhat from traditional business litigation. When a trade secret has been misappropriated or a company is using your trademark in a harmful manner, speed and experience is essential. Our trial-oriented team of attorneys is here to ensure your interests are quickly and efficiently protected.

The goal in most intellectual property matters is to obtain, or defends against, immediate protection and relief by seeking a variety of injunctions. Once obtained, or defeated, the litigation takes shape and leverage can then be utilized to achieve whatever litigation goals the client may have. With over 100 civil and criminal jury trials, and over 200 bench trials, our attorneys have the experience necessary to ensure your intellectual property rights are protected and protected quickly.

We handle a wide range of intellectual property litigation including:

• Copyright infringement
• Trademark infringement
• Trade secret misappropriation
• Unfair competition
• Domain name litigation