Trademark, Unfair Competition, Advertising Law & Copyright

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Trademark

We provide a full range of trademark portfolio planning services. We conduct trademark searches and advise on trademark clearance, selection, and enforcement and are known for our ability to secure, maintain, and enforce trademark rights here in the United States and internationally.

Our trademark attorneys assist clients in establishing and enhancing their profiles in the marketplace by securing trademark registrations, and by litigating trademark and unfair competition claims. We frequently aid in the development and selection of trademarks, conduct trademark searches, investigate trademark usage, and prepare clearance opinions for clients.

We have counseled clients on Internet domain name disputes and have participated in opposition and cancellation proceedings before the Trademark and Trial and Appeal Board of the U.S. Patent and Trademark Office. We have also litigated trademark counterfeiting issues. We frequently assist clients with establishing appropriate trademark usage for packaging and advertising, and negotiate and prepare trademark assignments and trademark licensing programs.

We have broad experience in trademark litigation in the federal and state courts, and extensive experience in all the important venues for protecting intellectual property rights. Internationally, we are able to coordinate opposition, cancellation, and infringement against conflicting trademark applications or registrations in nearly every jurisdiction in order to enforce our clients' trademark rights.

Unfair Competition

Unfair trade practices can include any of a number of allegations, including the misappropriation of trade secrets, false advertising, and unfair competition. Claims of unfair trade practices can arise in all areas of technology, and they often surface in conjunction with intellectual property claims of patent, trademark, and copyright infringement.

Our range of experience in all areas of intellectual property puts us in the perfect position to protect our clients' valuable assets when they are either pursuing or defending an unfair trade practices claim. Our attorneys work with clients to maximize the protection of their intellectual property and to guide them through the intricacies of unfair trade practice law when issues arise.

As part of the process of preventative counseling, we make sure that our clients have appropriate agreements and licenses in place in the event that a challenge to their assets is made. We are often asked to litigate unfair trade practice claims on behalf of our clients, and we have an outstanding record of success.

Our across-the-board intellectual property experience ensures that we are always prepared to pursue or defend claims involving our clients' intellectual assets.

Advertising Law

From the FTC to the FDA and beyond, MBHB’s attorneys provide comprehensive guidance regarding all legal aspects of advertising, packaging, and labeling.

Advertising must be truthful and non-deceptive, advertisers must have evidence to back up their claims, and advertisements cannot be unfair. Advertisers need to be aware of, for example, laws that guide or regulate environmental or “green” claims, health-related claims, and, of course, proper use and designation of trademarks and copyright notices.

Packaging and labeling for certain products must carry labels identifying contents, source, quantity, and other information that helps consumers compare products. Companies must consider legal aspects and implications of, for example, country of origin claims, “Made in USA” claims, and ingredient or component claims and identification.

MBHB attorneys have advised clients on advertising, packaging, and labeling considerations in all industries, including in the food, pharmaceutical, and textile fields. Our attorneys assist clients with review and finalization of proposed advertising, packaging, and labeling; we review and analyze competitors’ materials for violations; and we stand ready to defend and enforce clients’ rights before courts and federal agencies.

Copyright

We have experience in myriad copyright issues. Our attorneys have prosecuted and defended cases involving computer software, music recordings, architectural designs, and other works. We secure temporary restraining orders and conduct product seizures involving copyrighted works when necessary. We also have experience in counseling clients on obtaining and enforcing copyright registrations. At MBHB, we help clients enhance sources of revenue through copyright licensing.

Our attorneys practice all aspects of copyright law. We assist clients in obtaining federal copyright registrations and in enforcing and defending their copyrights in court. We work closely with clients to ensure that they properly maintain their copyrights and make informed choices as to when to seek copyright protection. From the basic task of securing timely registration for our clients' works at the U.S. Copyright Office to the complex enforcement of copyright protection through litigation in federal court, we take protecting our clients' rights seriously.

We have negotiated many agreements such as assignments and licenses relating to the transfer of some or all rights embodied in copyrights, and have evaluated the copyright implications of various commercial transactions like mergers and acquisitions.

At MBHB, our copyright experience extends to various products and markets, such as computer software; music, entertainment and literary works; Internet content and clothing designs.

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Upcoming Events

February 8, 2018
MBHB Partner Kirsten Thomson is the Featured Presenter at this MATTER Sponsored Workshop
March 8, 2018
MBHB Attorney Aaron Gin, Ph.D. is the Featured Presenter at this MATTER Sponsored Workshop

Past Event

January 17, 2018
MBHB Partners Michael Borella, Ph.D., Kevin Noonan, Ph.D., and Donald Zuhn, Jr., Ph.D., Are Featured Presenters
November 14, 2017
MBHB Partners Eric Moran and Nicole Reifman Are Featured Presenters
October 27, 2017
MBHB Partners Anthoula Pomrening and Marcus Thymian Are the Featured Speakers for this Program
August 30, 2017
MBHB partner Emily Miao, Ph.D. is the Featured Presenter at this MATTER Sponsored Workshop
August 25, 2017
MBHB partner Nicole Keenan Is the Featured Presenter at this Blazin' Babes Sponsored Webinar

Publications

Fall 2017 (snippets)
Reaction videos may violate the authorship rights provided in the Copyright Act. That said, because reaction videos often critique, alter, or parody the featured video, a fair use defense may apply.
Fall 2017 (snippets)
There are two organizations that handle the majority of UDRP complaints: the World Intellectual Property Organization (WIPO) and the National Arbitration Forum (NAF). While, both WIPO and NAF follow the UDRP Rules, these two organizations have their own sets of supplemental rules.
Fall 2017 (snippets)
While copyright owners may choose to register a copyright claim with the United States Copyright Office, they are not required to do so. Registration is essential for copyright enforcement, however.
Summer 2017 (snippets)
On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court reversed decades of expansive patent venue interpretation by the Federal Circuit. The ruling in TC Heartland immediately overturns long-standing “forum-shopping” practices and introduces a longer-term issue of defining “a regular and established place of business.”
Summer 2017 (snippets)
With cannabis policy reform and legalization continuing to gain momentum nationwide and internationally, the “Green Rush” is well underway. For companies and entrepreneurs entering this industry, comprehensive intellectual property (“IP”) protection is vital for their developing cannabis brands and inventions.
Summer 2017 (snippets)
In Water Splash v. Menon, the Supreme Court presents guidance for multinational plaintiffs and defendants charting the rarely tested waters of international service. Specifically, in determining that service by direct mailing is not expressly prohibited under the Hague Service Convention, the Court opened the flood gates for parties to attempt Convention-compliant service by direct mailing.
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