Explore Our Capabilities

Intellectual Property

Overview

Parker Poe understands the value of intellectual property assets in today’s global market. Having efficient and effective legal counsel is critical to maximizing the value of those assets. Our Intellectual Property team has extensive experience in this constantly developing area. We are able to provide practical solutions to the complex as well as the routine intellectual property needs of our clients.

Representative Experience

Below are some examples of how we assist our clients with the establishment, protection, commercialization, and defense of their IP rights.

  • Trademark portfolio support covering the full trademark life cycle in the United States and globally, including search and clearance, filing and prosecution of applications, and ongoing maintenance of large international portfolios.
  • Trademark defense and enforcement, including opposition, cancellation, and concurrent use proceedings before the Trademark Trial and Appeal Board and corresponding foreign tribunals.
  • Licenses for all kinds of intellectual property (including patents, trademarks, copyrights, trade secrets, rights of publicity, content, and databases) in the pharmaceutical, IT, higher education, biotech, and various other industries.
  • IT contracts, including software and mobile app development, license, support, distribution, escrow and consulting service agreements, as well as agreements for the sale or acquisition of computer hardware.
  • Collaborations and strategic alliances, including those involving R&D, tech transfers, and technology product sales and distribution.
  • Domain name issues, including global domain name acquisition, clearance and registration, domain name protection programs, proceedings under the domain name dispute resolution policies for generic top level and country code domains, and investigation and recovery of pirated domains.
  • Privacy and information security issues, including FTC compliance, identity theft regulations (including state personal information protection legislation and security breach disclosure and notification laws), foreign data sharing rules, and various federal laws and regulations related to privacy (e.g., HIPAA and FACTA).
  • Web-related intellectual property issues, including website development and hosting agreements, Software-as-a-Service (SaaS) agreements, auditing websites for intellectual property issues, investigating and monitoring intellectual property assets on the Internet, and addressing digital copyright issues .
  • Assisting clients in establishing and maintaining copyright protection in the United States and internationally.
  • Counseling clients in connection with organizational rebrandings and major brand expansions.
  • Due diligence and negotiating intellectual property terms in mergers and acquisitions, investments and joint ventures.
  • Drafting and evaluating confidentiality and noncompete agreements and other restrictive covenants or contractual provisions designed to protect intellectual property.
  • Rights of publicity and entertainment rights, celebrity endorsement/promotional agreements, modeling and talent agreements, photographer agreements, and moral rights.
  • Full-service IP litigation, in both state and federal courts as well as in alternative dispute resolution settings, from temporary restraining orders and preliminary injunction hearings through discovery, trial, and appeal. Our experience includes asserting and defending against claims of:
    • Infringement of registered and unregistered marks under the Lanham Act and state law.
    • Copyright infringement, including the infringement of architectural works, under the Copyright Act.
    • Trade dress infringement.
    • Misappropriation of trade secrets.
    • False advertising.
    • Patent infringement.
    • Breach of confidentiality provisions and covenants not to compete.
    • Violation of the federal Computer Fraud and Abuse Act.
    • Violation of North Carolina’s Unfair and Deceptive Trade Practices Act.
    • Related contract and business tort claims.
  • Social media issues and company policies.
  • Counseling services with respect to contests, sweepstakes, and promotion laws.
  • Review of packaging and advertisements in all forms of media, and marketing and promotional materials, to ensure proper trademark usage, non-infringement of third-party IP rights, copyright protection, and claims substantiation.

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