TRADEMARK and COPYRIGHTS


Intellectual property describes the valuable rights established by law governing the result of original creative human thought. These rights include copyrights, trade secrets, the personal right of publicity, and trademarks. If you need legal help enforcing your intellectual property rights, you do not have to fight alone. I can help you protect your intellectual property assets. We protect, watch, manage and defend our  clients  core knowledge and intellectual property rights. We also advise on commercialization, such that knowledge, technology and ideas can be turned into business

       Michael G. Prestia attorney  has represented clients nationwide such as free-lance authors, jewelry designers, fabric designers, Mardi Gras Bead designers, Architects , software developers and book authors whose works have been infringed. I can assist you with cease and desist letters, negotiated solutions, as well as filing suit to stop copyright and trademark infringement. I can also help you navigate the virtual world intellectual property rules and rights.

In connection with its business and litigation services, Michael Prestia attorney  assists clients with the creation and protection of  IP rights in the following areas:

 

  • trademarks
  • service marks
  • licensing
  • copyrights
  • trade secrets
  • litigation
  • infringement counseling  
  • Publicity Rights Licensing
  • Publicity Rights Infringement and Claims
  • Trade Dress
  • Unfair Competition
  • Domain Name Disputes/Cybersquatting
  • IP Licensing and related Commercial Transactions
  •  trademark prosecution before the United States Patent and Trademark Office, and counseling clients on matters related to licensing and litigation of intellectual property.

Copyrights

Preparing, filing, and prosecuting copyright registrations

Copyrights protects books, pictures, music and recordings, photographs, catalogs, manuals, software, business plans, advertising copy, jingles, and designs.

Deal with instances of unlawful copying, plagiarism, and other unfair uses of client's protected expression. Agreements for licensing intellectual property and collaborations for creation and use of intellectual property are part of our core practice, as well.

   The Digital Millennium Copyright Act (DCMA) provides additional protections for infringements on the internet and enables copyright holders to demand that internet service providers "TAKE DOWN" infringing materials and provides protection from copyright infringement lawsuits for service providers. This protection manifests itself in immunity from being sued for infringement, but they must take immediate action to remedy an infringement upon notification.Becaue the internet provider does not want to lose their immunity from copyright infringement, if you send them a take down letter, they should order the website owner to take down the infringing material. If someone infringes your federally registered copyright contact us. Federal statutes provides for substantial damages as well as attorneys' fees

 

Trademark Registration & Counseling

  • Federal and state including Mississippi trademark registration & filing
  • Counseling on trademark protection strategies for new and existing businesses
  • Counseling on federal and state trademark registration
  • Trademark selection guidance
  • Analysis on whether a trademark is generic, descriptive, suggestive arbitrary or fanciful
  • Counseling on "common law" and "unfair competition" trademark protection strategies
  • Trademark infringement analysis
  • Drafting of trademark cease and desist correspondence and drafting responses to such letters
  • Drafting and negotiation of trademark licenses, and co-branding agreements
  • Local and national trademark searches

Representing clients in trademark opposition and cancellation proceedings

Counseling concerning the selection, design and use of protective trademarks and service marks

Conducting trademark and service mark searches and studies

Rendering opinions concerning trademark infringement and registration of trademarks and service marks

Preparing, filing and prosecuting applications for registration of trademarks and service marks before the U.S. Patent and Trademark Office and foreign jurisdictions throughout the world

Commercial Exploitation of Intellectual Property

IP due diligence investigations

IP  Agreements

We can provide assistance in structuring and negotiating licenses, assignments, and other transactions in which intellectual property can be profitably used and exploited.

Trademark and copyright license agreements

Trade secret license agreements

Contracts for high technology enterprises

Confidentiality agreements

Software license agreements

Consulting agreements

Non-Compete Agreements

Patent License Agreements

IP Litigation

When conflicts arise with respect to intellectual property the firm represents clients, both individual and corporate, at all levels of state and federal agencies. The firm handles litigation and related activities in the following areas:

Trademark and service mark infringement

Trademark opposition and cancellation proceedings

Copyright infringement

Unfair competition

Misappropriation of trade secrets and confidential information

License agreement disputes

                                           

Please contact  us at 228-868-6609 for more information about your specific intellectual property matter