Diserio Martin O'Connor & Castiglioni LLP

Intellectual Property

“Approximately 70  percent of the value of publicly traded corporations comes from intangible assets.”

- Economic Report of the President to the Congress, February 2006

Intellectual property is the central asset of American businesses today. More than 17 percent of total U.S. economic activity was driven by intellectual property industries in 2003, while studies suggest that trademarks and branding potentially represent the single most valuable asset of many firms.  The attorneys in DMOC’s Intellectual Property Department are positioned to offer full service representation encompassing both traditional intellectual property practice and cutting edge applications of the law.

Practice Areas: 

Trademarks

A trademark can embody many things – the promise of quality, an indication of source, and the backing of a company whose reputation has been built through years of dedication. These intangible qualities are an immensely valuable asset. Our attorneys are experienced in protecting and asserting your rights in every context, whether it’s through enforcement against infringers, defending attacks on your brands, registering your trademarks with the Patent and Trademark Office, negotiating licenses, attacking counterfeiting and gray market concerns, or addressing use of your marks on the internet.

Copyrights

Copyright law protects unique works of expression. While traditionally considered the realm of creative works, copyright law covers computer software and implicates much of the technology we use every day, regardless of industry. DMOC attorneys are experienced in registering your copyrights with the U.S. Copyright Office in the Library of Congress, and enforcing and defending infringement claims. We can counsel you on how to preserve and protect your rights online issue take down notices under the Digital Millennium Copyright Act, negotiate licensing agreements, and conduct rights clearances for works. Our expertise ranges from representing traditional copyright “content” industries to handling cutting edge issues on the frontiers of the digital universe.

Technology, Telecommunications & Media

The intersection of law and technology implicates a range of legal issues. eCommerce, domain names, telecommunications, software, security and privacy, digital media, and content distribution, are only a few of the many areas of exposure. DMOC’s IP practice thoroughly covers this wide field.

  • eCommerce, Internet and Computer Law
    • Information Technology
    • Domain Name Disputes and Transactions
    • Data Security
    • Software
  • Entertainment, Digital Media and Marketing
  • Cable Television and Telecommunications

Trade Secrets

The formula for Coca-cola may be the most famous trade secret in commercial history, but businesses of all sizes have trade secrets that are protected under the law. Our attorneys can counsel your business on how to protect and preserve your valuable trade secrets and enforce your rights if they are being misappropriated.

Licensing and Transactions

As a holder of Intellectual Property rights, you may want to exploit your rights through licensing to others, or you may wish to acquire certain rights in order to move your project forward. DMOC’s attorneys can advise you on the many ways you can exploit and commercialize your rights, obtain rights from others, conduct due diligence in these transactions, and counsel you on how to protect yourself.

We can help negotiate deals, and carefully draft and review agreements to make sure you get, and give, exactly what you agreed to. Similarly, we can advise you on the limit or extent of your rights under an existing contract, or whether a licensee is violating an existing agreement. DMOC attorneys can help you answer all these questions and ensure you get the most benefit from your rights.

DMOC attorneys can be a powerful resource during a corporate transaction where intellectual property is stake.  Due diligence is required even where the intellectual property rights are peripheral to the transaction.  Make sure you are getting what you are paying for.

  • Intellectual Property Licensing (Copyright, TM, Patents, etc.)
  • Software Licensing
  • Technology Transfers and Transactions
  • Intellectual Property Due Diligence in Corporate Transactions

False Advertising

Competition laws are in place to protect the economic, creative and intellectual investments made by businesses in distinguishing themselves and their products. Businesses that utilizes unfair, deceptive and misleading practices may cause competitors substantial, and sometimes irreparable, harm. Federal and state law prohibit false advertising, which involves the promotion of goods, services or commercial activities that misrepresents their nature, characteristics, qualities or geographic origin. Similarly, unfair competition consists of any commercial behavior or activity that is legally unjust or deceptive, and may include activities such as false advertising, trademark and trade dress infringement and theft of trade secrets. DMOC attorneys are well versed in all aspects of laws related to advertising, marketing, unfair competition and misleading or deceptive trade practices.  We provide counseling and litigation services to clients in these areas, which require compliance with complex federal and state authority, including the Lanham Act, the Federal Trade Commission Act and state statutes and common law.  We represent clients in false advertising and unfair competition matters across all types of media, including print, television and internet. Our attorneys also handle injunction proceedings on behalf of trademark holders to cease and prevent the sale of counterfeit goods and materially different goods.

Patent Litigation

Patent rights are a powerful form of intellectual property. If your patent is being infringed, our experienced attorneys can help you enforce your rights in federal court. If you or your business is accused of infringement, defending yourself is critical, because infringement suits are often accompanied by the threat of an injunction potentially shutting down your business at the outset of the suit.

Antitrust

According to the Federal Trade Commission, free and open markets are the foundation of a vibrant economy, and aggressive competition among sellers in an open marketplace gives consumers the benefits of lower prices, higher quality products and services, more choices, and greater innovation. Antitrust laws,  which apply to both businesses and individuals, prohibit anti-competitive behavior, monopolies and unfair business practices. While antitrust laws are intended to encourage competition in the marketplace, intellectual property rights provide patent, copyright and trademark owners with exclusive rights in their creations. DMOC attorneys have a deep understanding of this complex intersection, and regularly counsel clients in a broad range of industries, including eCommerce, retailing, consumer products, financial services, media, telecommunications and many others. DMOC attorneys also represent companies, and their officers and directors, in antitrust and intellectual property matters in federal and state courts and before various agencies.