Practice/Industry Group Overview
Understanding the Needs of Our Clients
At Carroll, Burdick & McDonough we recognize that a company's intellectual property is often one of its most important assets. We work with our clients to identify means of protecting these assets that are optimally suited to the company’s needs. When our clients’ intellectual assets are at risk of being infringed or misappropriated, we fashion strategies for their defense, ranging from informal negotiations to litigation. Our attorneys combine a thorough knowledge of substantive intellectual property law with experience in handling counseling, registration and litigation matters for their clients.
Counseling and Registration to Protect
Our attorneys routinely help clients protect their intellectual property assets by providing advice on patent, trademark, trade secret and copyright protection strategies and by registering our client’s intellectual property. We have counseled clients on trade secret matters and prepared company wide programs to prevent trade secret misappropriation. We have conducted intellectual property audits and due diligence reviews. We have planned, negotiated and documented complex technology transfer and licensing transactions. Our attorneys have assisted clients in a wide variety of online matters, including privacy policies and Internet agreements, and have counseled clients regarding potential liabilities arising out of e-commerce.
Unparalleled Experience in Litigation and Dispute Resolution
Our attorneys handle sophisticated and high-stakes litigation matters in federal and state courts and represent clients across a wide range of industries and technologies. We have handled trademark and unfair competition litigation under the Lanham Act and other governing law, domain name cases under ICANN’s Uniform Dispute Resolution Procedures (UDRP) and the Anticybersquatting Protection Act (ACPA), patent and copyright infringement litigation, and trade secret misappropriation litigation.
The successful handling of intellectual property issues calls for attorneys who have the experience and expertise in dealing with the nuances of intellectual property law as well as a thorough understanding that each intellectual property dispute must be approached from a business perspective.
In conjunction with intellectual property claims, as well as in separate commercial actions, our attorneys have also successfully concluded numerous unfair business practice lawsuits, including claims for interference with prospective economic advantage, commercial disparagement, interference with contractual relations, breach of fiduciary duty and civil RICO.
We have effectively used temporary restraining orders to prevent further damage to our clients by proliferation of their intellectual property. Whenever possible, we try to resolve disputes in an extra-judicial context, via mediation and arbitration. Our approach to handling litigation is simple, straightforward and focused on rendering the most efficient and cost effective service to the client, while at the same time aggressively defending the client’s interests.