Locke Lord’s trademark, copyright and advertising team manages complex, ongoing brand protection programs for some of the world’s best-known brands.
The best known and enduring brands evolve from products and services of quality, delivered reliably and continuously to users and consumers with an accompaniment of accurate, positive and attractive publicity. Clients trust our lawyers to guide them throughout the lifecycle of their brands and promotions, from initial creation and protection through maximizing and enforcing their marks.
Many of our team joined from business, boutique intellectual property law firms or government service, and we intuitively appreciate the need to be creative, consistent, nimble and cost-effective. Our objective is to provide sophisticated advice, reinforced by the talents and resources of a global, full-service firm.
We have been recognized among the leading trademark practices worldwide in the fifth edition of World Trademark Review (WTR) 1000, a global directory of leading trademark legal services providers. U.S. News – Best Lawyers® “Best Law Firms” report ranked us one of the leading national trademark firms.
Locke Lord lawyers frequently contribute to industry publications and presentations on emerging issues in the field of trademarks, copyrights and advertising. We are active members of and hold positions in many leading industry organizations.
Adding value at every stage. Locke Lord lawyers partner with clients not only to protect their brands, but also on how best to manage and optimize their intellectual property assets and protection. For example:
- Clients – including a global luxury consumer products portfolio – rely on us for realignment of their trademark, trade dress, copyright and design rights assets.
- Several of today’s best-known brands came to Locke Lord as regional companies in search of IP advice. These brands have grown steadily with the counsel of our business and corporate lawyers, and – when necessary – our litigation teams. We pride ourselves on offering the right advice at the right time to help shape clients’ businesses – and enhance the value of their companies.
- As today’s global marketplace demands the understanding of intellectual property rights protection available in countless countries, our team provides counsel on branding that takes into consideration country-of-origin regulations.
Clients in a diverse range of industries look to Locke Lord for direction and timely counsel, including:
- Apparel and accessories
- Consumer goods
- Electronics
- Energy
- Entertainment
- Fabrics
- Financial services
- Food
- Footwear
- Health products
- Hospitality
- Logistics and distribution
- Manufacturing
- Media
- Pharmaceuticals
- Retail
- Software
- Sports
- Telecommunications
Trademark
Our lawyers are skilled professionals dedicated to the study and use of trademarks and their ever-changing legal, commercial and technological landscape. We are widely known for our use of innovative and creative strategies to assist clients in securing trademark rights under difficult circumstances, no matter the jurisdiction. We work to obtain and protect trademarks, trade dress, design rights and domain names throughout the world, providing counsel and opinions concerning the adoption, use and exploitation of these valuable intangible assets.
Structuring viable commercial ventures involving intellectual property. Locke Lord helps maximize the value of clients’ individual brands in different markets, as well as in cyberspace. As the integrity of distribution – where a brand and its associated products are sold – is as important for consumer protection as reliable origin information, we proactively advise on licensing and distribution agreements to ensure quality control of a brand’s products or services.
Providing IP due diligence assessments. Companies exploring mergers, acquisitions and divestitures, negotiating protection in the agreements, and transferring title and rights to such properties count on Locke Lord for their IP due diligence. We consult on ways clients can effectively administer and maintain trademark operations.
Initiating and conducting opposition and cancellation actions against infringing, threatening and unfairly competing brands. We regularly conduct infringement and unfair competition litigation in the United States at the state and federal levels, in the United Kingdom and in other courts in Europe. When appropriate, we also bring court actions and dispute resolution proceedings regarding misuse of brands on the Internet.
Pursuing protection in cyberspace. Locke Lord lawyers assist clients to choose, register, and protect Internet domain names and defend trademarks from infringement and misappropriation. We advise on the application of IP laws in cyberspace and represent clients in arbitration proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP), as well as in judicial proceedings to remove cybersquatters’ improper registration of trademarks as domain names.
Preparation, filing and prosecution of trademark and design applications in the United States, the United Kingdom and Europe. Our lawyers regularly counsel clients worldwide on the selection, clearance and protection of brands, trademarks, service marks, trade identity, slogans, designs and logos. We file and prosecute applications before the U.S. Patent and Trademark Office (USPTO), the UK Intellectual Property office and European Union Intellectual Property Office (EUIPO). Our focus is to ensure that clients receive the fullest return possible on their investment in reputation and design. We monitor competitors’ trademarks for conflicts to keep clients ahead of trends and related trademark problems.
Enforcement & anti-counterfeiting. When products are copied or marketed for profit without the consent of the rights holder, or when counterfeiting affects sales or reputation, clients count on Locke Lord. Our experienced lawyers assist with the enforcement of IP rights against third parties who use identical or similar marks that may infringe upon rights and confuse the public.
When litigation becomes necessary, we bring our extensive experience in litigation and trial of actions under the Lanham Act and state laws involving trademark, trade dress, unfair competition and copyright infringement, dilution, licensing and ownership. We regularly appear in many federal and state courts throughout the United States, as our lawyers seek and defend against temporary restraining orders and preliminary injunctions against infringement, false advertising and to preserve key evidence.
Trademark, service mark and trade dress disputes. Clients count on our experience in areas as diverse as clothing and costume jewelry manufacturers and brands, toys and games, watches and swimming products. We regularly counsel on issues of counterfeiting, trademark/service mark infringement, trade dress infringement, infringement based on quality control issues, repackaging cases and first-sale doctrine matters.
Trade secret claims and claims based upon non-competition agreements. Our clients include both plaintiffs and defendants in trade secret claims involving manufacturing processes, customer databases, equipment design and financial transactions. We have particular skill in the application of the “inevitable disclosure” doctrine and in business tort cases involving allegations of “diversion.”
Franchising experience. Trademarks are often the cornerstone of a franchise, and we work with our franchise lawyers to assist in the selection, clearance, registration and enforcement of trademarks and company names for franchised businesses of all types. We also assist with the drafting of provisions for Franchise Agreements, SEC filings and Franchise Disclosure Statements. When trademark-related litigation arises in the franchise context, we have the experience to handle the prosecution and defense of litigation in courts around the country.
Advertising and Marketing
Our lawyers help clients active in the U.S. market to avoid litigation and comply with all federal, state and local rules and regulations, including FTC and FDA guidelines and consumer protection laws. We provide advice and guidance regarding U.S. market norms, which are often relied upon in private dispute resolution. For U.S.-based clients, we also coordinate litigation in foreign nations through a network of experienced local foreign associate law firms.
Campaign counsel. We regularly review advertising copy, product packaging materials and labeling requirements and oversee campaign implementation. We provide counsel on state and federal laws related to gift cards, direct mail, telemarketing and email marketing campaigns, including CAN-SPAM and Telephone Consumer Protection Act (TCPA) compliance. We guide clients through the rules relating to sweepstakes and contests in promotional campaigns.
Dedicated 24 hour “Hotline” Advertising Legal Review. Our team reviews advertisements for various clients on a daily basis. The Locke Lord team serves as the sole source for legal review for certain clients, while for others the team supplements in-house experts that need coverage due to vacations, temporary capacity restraints, issue escalation, or simply to provide a second opinion on aspects of the review. To assist all of these clients, the firm maintains a special email address (adreview@lockelord.com) that is designed for a turn-around in less than 4 hours, and is guaranteed a turn-around in 24 hours.
Copyright
Digitization and the ability to instantly share content in various media, art, performances and software has radically changed the risks surrounding protection of copyrighted material. Companies, individual authors and creators need to know their rights, understand how they can be enforced and create effective policies in today’s “copy and paste” culture.
Copyright law is constantly evolving to adapt and address these issues. Locke Lord’s dedicated copyright lawyers collaborate with and counsel clients in industries as diverse as media, advertising, broadcasting, publishing, product design, music, entertainment, education, gaming, museums and software, to ensure that they are realizing the full potential of their work.
We do this by:
- Obtaining registrations, depositing works (including software code), and filing assignment or transfer documents with the Copyright Office
- Preparing copyright policies
- Assessing complex copyright issues, including ownership and validity of copyrights
- Providing Fair Use analyses
- Conducting infringement investigations
- Counseling on Open Source software issues
- Litigating cases involving copyright ownership, fair use and artists’ rights
- Negotiating and securing settlements in copyright disputes
- Drafting licenses for the protection or procurement of copyrights
We have particular experience in licensing and agreements including:
- ASP (Application Services Provider) agreements
- Architectural works
- Broadcast and media works
- Character licenses
- Computer databases
- Distribution agreements
- Copyright issues in higher education
- End-user license agreements
- Enterprise licenses
- Film option agreements
- Internet content (click-through; terms of use)
- Jewelry agreements
- Maintenance services
- Merchandising
- Music licensing
- Open source licensing
- Performance agreements
- Professional service agreements
- Publishing agreements
- Software development agreements
- Software licensing
- Video game licenses
- Visual arts agreements
We counsel on ownership issues and rights clearance and effectively apply the Digital Millennium Copyright Act (DMCA) – ensuring clients are in compliance with safe harbors – and prevent others from circumventing access control measures. When litigation arises, we create a team that focuses on business solutions that effectively enforce the rights of our clients.