Practice Areas & Industries: Gordon Silver

 





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Practice/Industry Group Overview

Intellectual property rights can be your most valuable asset. Gordon Silver is well positioned to help develop and protect your intellectual property rights and exploit their commercial potential, both domestically and internationally. We have great depth in the intellectual property laws governing patents, trademarks, rights of publicity, copyrights, trade secrets, unfair competition, counterfeiting, and other matters involving intellectual property and intellectual property litigation, and we regularly assist clients with issues relating to the Internet and e-commerce. We also counsel clients on a wide variety of areas relating to trade dress, advertising, and confidential information.

We represent clients in various industries, including Sports, Entertainment, fashion, apparel, technology and software, nutritional supplements, broadcasting, magazines and newspapers, hotels and resorts, casinos and gaming companies, nightclubs and restaurants.

Trademark, Trade Dress and Advertising

Perform searches to help minimize the risks associated with using certain trademarks, trade dress or logos.

Prosecute applications and secure rights in clients' trademarks and trade dress, and develop and implement staged registration strategies both in the U.S. and internationally.

Offer watch services and private investigations to detect infringement and counterfeiters at an early stage.

Conduct IP audits and provide counsel regarding intellectual property aspects of mergers, acquisitions, joint ventures, strategic alliances and asset purchases, including purchases of IP assets in bankruptcy sales.

Negotiate and draft sponsorship, endorsement, merchandising and licensing agreements.

Assist clients with the launch and branding of new product lines domestically and internationally and the review of marketing materials to ensure proper use of their intellectual property.

Counsel clients regarding Internet advertising and data privacy laws, and review and draft website, software and e-commerce agreements, contests and sweepstakes rules, privacy policies and terms of use.

Represent clients in prosecuting and defending oppositions and petitions to cancel applications and registrations for similar trademarks and trade dress before the Trademark Trial and Appeal Board.

Represent clients in trademark, service mark and trade dress infringement litigation matters in state and federal courts.

Assist clients in taking down personalized or vanity urls and user names that include clients' names and trademarks registered with third party websites, including popular social media websites.

Represent clients in civil actions and UDRP proceedings against cybersquatters and other third parties who have registered domain names that include the clients' trademarks.

Trade Secrets and Confidentiality

Develop strategies for protecting trade secrets and confidential and proprietary information.

Draft non-competition, non-solicitation, non-disclosure, and trade secret licensing agreements.

Assist clients in prosecuting and defending claims involving trade secrets and confidential information and breach of non-disclosure, non-solicitation and non-competition provisions in litigation matters pending in state and federal courts.

Patent

Prepare, file and prosecute U.S., PCT and foreign patent applications in the technical fields of casino currency, gaming products, non-volatile memory, telecommunications, RFID, computer software and hardware, semiconductor design and fabrication, fibre channel switching architecture, wireless infrastructure, disk drive technology, business methodology, Internet business structures, liquid crystal display and mechanical arts.

Establish, develop and manage global patent portfolios and patent strategies for companies ranging from young start-up businesses to established Fortune 500 corporations.

Prepare invalidity, non-infringement and freedom to operate opinions in a variety of technology areas.

Prepare and submit ex parte and inter partes patent reexamination requests both in anticipation of patent litigation and during concurrent patent litigation proceedings.

Review, assess and document patent assets for complex IP due diligence projects, complex IP asset purchase deals and exclusive and non-exclusive licensing agreements.

Assist clients in litigation matters involving claims of patent infringement and IP infringement.

Copyright

Assist clients with clearance of rights to use third party works.

Register copyrights in software, sound recordings, musical compositions, motion pictures, screenplays, musicals, literary works, works of visual art and other works of authorship.

Represent clients in ex parte appeals before the Copyright Office with respect to registration refusals.

Prepare copyrightability and infringement opinions and advise clients regarding copyright protection and enforcement of their copyrights against unauthorized third parties.

Police and monitor clients' copyrights.

Assist clients with copyright licensing and transfer of ownership in copyrighted works.

Represent clients in copyright infringement litigation matters in state and federal courts.

Intellectual Property Litigation

Our litigators have trial experience in both state and federal courts. We have practiced intellectual property law before the Trademark and Trial Appeal Board, and we are admitted to practice before the Federal Circuit Court of Appeals.

Representative Clients

Alex Rodriguez; Amar’e Stoudemire; Caesars Entertainment, Inc.; El Cortez Hotel & Casino; Griffen Corporation; Kardashian and Jenner family; Kyrie Irving; Lamar Odom; Matt Barnes; Riviera Hotel & Casino; Sahara Hotel & Casino; Sands Corporation; Shane Victorino; Shaquille O’Neal; Station Casinos; Stratosphere Corporation; Sylvester Stallone; Top Rank, Inc.; Wynn Las Vegas, LLC; Zuffa, LLC d/b/a  Ultimate Fighting Championship

Representative Cases

Represented Andre Agassi in a trademark infringement action against Target over the use of the AGASSI name on footwear.

Represented Stefanie Graf in a cybersquatting and trademark infringement matter regarding a third party's registration of her name in a domain name address

Represented Shaquille O'Neal in in a trademark infringement against a third party over the use of the SHAQTUS mark and character.

Represented large international sports entertainment company in numerous commercial, trademark and copyright enforcement matters filed in state and federal courts, before the TTAB and internationally, resulting in favorable outcomes for the client.

Represented large real estate investment and asset management company in various matters resulting in multi-million judgments being entered against borrowers and guarantors.

Represented large gaming company in various contract matters resulting in a favorable resolution for the client, including dismissal of certain actions.

Represented large home builder in defending against claims asserted under financing agreements resulting in a favorable resolution for the client.

Represented large electronics manufacturer in matter resulting in the entry of a multi-million judgment in favor of the client.

Represented trucking company in a copyright infringement matter resulting in a favorable resolution for the client.

Represented gaming company and convenience store operation in class actions filed under the Electronics Fund Transfer Act resulting in favorable outcome for the clients.

Represented large gaming company in landlord/tenant dispute resulting in a favorable ruling for the client.

Represented an environmental science and engineering services in various matters involving breaches of agreement against other parties resulting in favorable resolutions for the client.

International

Additionally, with many of our clients approaching their businesses from a global perspective, we do the same. With our extensive network of foreign counsel and agents, Gordon Silver has a wealth of experience in protecting clients' intellectual property in almost every country in the world. We have established relationships with firms that provide a full range of intellectual property services including: the European Union, Canada, Mexico, Macau, Brazil, Argentina, Chile, South Africa, Russia, China, Hong Kong, Thailand, Japan, South Korea, Singapore, United Arab Emirates, New Zealand, Australia and many more places.

We work together with highly skilled and knowledgeable foreign counsel and agents to develop dynamic yet sensible global intellectual property strategies to identify, protect and enforce our clients’ intellectual property rights in foreign jurisdictions where they operate.