Moses & Singer has an active, nationally recognized practice in the field of intellectual property law. The firm has long been a key advisor to companies of all sizes and individuals in a variety of industries including television and motion picture; book, periodical and music publishing; recording; electronic media; and the performing arts.
Moses & Singer has extensive experience in negotiating and structuring transactions for the development, purchase and sale, and licensing of all kinds of intellectual property as well as in the protection of intellectual property rights. We bring a high degree of judgment, sophistication and experience to bear on the legal and business issues confronting companies that create, license or use intellectual property. Our practice encompasses all facets of intellectual property law-copyright, trademark, and patent protection; licensing; litigation; and lending. The Intellectual Property Group works closely with the Entertainment, New Media, Advertising and Litigation practice groups to provide comprehensive representation for a broad range of intellectual property issues.
Copyright, Trademark and Patent Protection
Moses & Singer represents licensors and licensees in connection with the exploitation of trademarks, copyrighted materials and other intellectual property in entertainment, media, advertising, technology, publishing and merchandising; the acquisition of intellectual property rights; the selection and clearance of trademarks; the registration of copyrights, trademarks and patents; and the enforcement of the rights of various intellectual property owners against infringers and counterfeiters. Moses & Singer also oversees the domestic and international trademark programs of a number of clients in a variety of different industries. Clients are kept informed of important dates affecting their marks and receive assistance in evaluating the applications and trademark uses of others. In addition, the firm has conducted a number of successful proceedings before the Trademark Trial and Appeal Board.
Attorneys regularly counsel clients on related issues that frequently arise in connection with the exploitation of intellectual property rights such as the right of publicity, right of privacy, defamation, and misappropriation.
In the area of patents and technology, we assist clients in optimizing protection by formulating strategies to protect significant intellectual property assets against misappropriation. Attorneys in the practice group are technically competent in the major scientific disciplines and have significant experience working with inventors, engineers, technology-based companies, licensors, licensees, financiers, and investors.
Licensing
The firm's considerable experience assisting clients with the commercial exploitation of intellectual property rights through licensing and technology transfer transactions has allowed us to keep pace with scientific advancements, recognizing the increased importance of the licensing process and the increasing reliance of many companies on licensing revenues. The particular rights that have been licensed take numerous forms, including trademarks, copyrights, patents, designs, and know-how. We have represented clients on both sides of the licensing transaction-parties interested in acquiring the right to utilize intellectual property rights held by others, as well as parties seeking to profit from the exploitation of intellectual property assets in their possession. We are involved in due diligence analysis; determination of scope of coverage of intellectual property assets; copyright, trademark and patent license negotiation and preparation; licensing of software and related technologies; technology transfers involving a license of patent rights and related know-how; and licensing of various electronic media, including transactions involving the Internet.
Litigation
If other strategies do not succeed, Moses & Singer does not hesitate to defend clients' interests through litigation. We have broad experience in matters involving the protection of intellectual property rights and have played a continuing role in landmark litigation and in legislative efforts that are shaping intellectual property law. Our practice encompasses patent, trademark and copyright infringement; mediation and arbitration of disputes; patent reissue and reexamination; patent interferences; trademark opposition and cancellation proceedings; antitrust violations; unfair competition; license agreement disputes; misappropriation of trade secrets and confidential information; and anti-counterfeiting enforcement.
Lending and the Federal Copyright Act
Moses & Singer has substantial experience handling financing transactions in which the collateral comprises assets such as a trademark or patent or a work of music, writing or software protected under the federal Copyright Act. This is a gray area of federal and state law where our experience and practical judgment are especially valuable. The databases, mailing lists and computer software that many borrowers use in their businesses are valuable assets and are often protected by copyright, yet the assets continue to evolve and change. Financial institutions are often unaccustomed to lending on the basis of such evolving assets, yet may be willing to do so to accommodate existing clients. Whether representing the lender or the borrower, Moses & Singer's attorneys navigate the state and federal legal systems to achieve the client's objectives.
