Intellectual Property
Shutts & Bowen’s Intellectual Property Practice Group advises our clients in a wide-range of intellectual property matters - from patent, trademark and copyright registrations and proceedings before the Patent & Trademark Office to the latest issues involving the use of the Internet and e-commerce. If necessary, we also protect our clients through litigation and are experienced in a wide-range of intellectual property litigation, including patent, trademark and copyright litigation and related issues of unfair competition, misappropriation of trade secrets, non-competition agreements, defamation claims and the seizure of counterfeit goods.
Shutts & Bowen attorneys counsel our clients in intellectual property issues involving patent, trademark and copyright licensing and royalties, non-disclosure agreements and computer software agreements, as well as antitrust issues related to such agreements and licenses. We understand that our clients’ intellectual property is often one of their most valuable assets and advise our clients concerning the best means to protect and develop these assets.
We are responsible for prosecuting and enforcing worldwide patent and trademark rights for a number of U.S. and international corporations, including maintaining a worldwide portfolio of nearly 200 trademarks for a multi-million dollar international corporation. Shutts & Bowen attorneys have developed, negotiated and documented complex worldwide trademark, software, franchise, copyright, merchandise and patent licensing programs.
In order to assist our corporate and individual clients, Shutts & Bowen attorneys perform patent and trademark searches and analyses and apply for and prosecute patents and trademarks in the United States and foreign countries. We stay abreast of constantly changing domestic and international regulations governing trademarks and advise clients of registered and pending trademarks which could constitute infringement.
We file copyright applications for literary and musical works, including the protection of website intellectual property as well as the protection of computer programs.
Our objective is to routinely counsel our clients in order to resolve potential disputes prior to litigation. However, although we try to guard against litigation, we are fully prepared to handle patent, trademark and copyright litigation in federal and state court proceedings, Patent & Trademark Office proceedings and in arbitration and other forms of alternative dispute resolution. We have litigated complex trademark, unfair competition, patent and copyright matters resulting in jury awards of $50 million and savings to individual clients in excess of $20 million. Our experience also includes litigating trademark and copyright issues regarding the use of the Internet and computer licensing and related antitrust litigation, particularly antitrust litigation related to patents and copyrights.
Although our Intellectual Property Practice Group is prepared to handle complex transactional and litigation matters, we are also able to assist our clients efficiently. We have established an electronic account with the Patent & Trademark Office in order to streamline filing and registration procedures. Our legal assistants undertake the administrative responsibilities involved in the filing and registration process and are also able to perform computer searches that can provide cost-effective service to our clients. We have also developed a network of effective international providers of local counsel services to assist our clients with registrations in Europe in accordance with the Madrid Protocol, in many jurisdictions in Latin America and in Asia.
