Foster, Swift, Collins & Smith, P.C.

  • Established in 1902
  • Firm Size 97
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Intellectual Property

Intellectual property (IP) rights can be one of an organization’s most valuable assets. However, too often these assets are under-protected and undefended. Obtaining successful outcomes for our clients is a three-part program:

  1. Education
  2. Protection
  3. Defense

Whether a patent, trademark, trade dress, trade secret, or copyright, the first step is to educate our client as to when the client needs to seek IP protection and the available alternatives. The second step is executing the right protection mechanism for the IP. The final step is monitoring and vigorously defending our client's IP rights.

Services for IP clients include:

Education

  • Advise clients on patents, trademarks, trade dress, copyrights, trade secrets and unfair competition issues
  • Conduct IP audits to determine inventory and value of intellectual property
  • Evaluate patents and patent portfolios
  • Brand development
  • Online publishing and development of new types of media

Protection

  • Prepare and prosecute patent, trademark, and copyright registration applications
  • Prepare filings for maintenance of registrations
  • Negotiate and draft patent and trademark licenses
  • Draft technology transfer agreements, assignments, and joint ventures
  • Handle trade secret matters, including negotiation and preparation of nondisclosure agreements
  • Work with clients on licensing, employer and vendor agreements to control the use and disclosure of trade secrets
  • Digital Millennium Copyright Act Issues
  • Transfer of IP issues
  • False advertising claims

Defense

  • Prosecute and defend actions for copyright, trademark, and patent infringement
  • Prepare and assist clients preparing for litigation including defenses, pretrial motions, briefing and discovery strategies
  • Monitor technical developments for clients including unfair competition or antitrust
  • Act as local counsel for out-of-state law firms and corporations
  • Provide counsel and advice on issues related to website content, ISP agreements and licensing

We provide intellectual property guidance for the entertainment and media law, and franchising industries including film and television financing and production, brand selection, protection, licensing and merchandising, and contractual and management disputes.

Our IP clients range from individual inventors to Fortune 500 companies. They represent a wide range of technologies including aeronautical, automotive, software, business method, biomedical and genetic inventions.

Protect your IP assets. Let us help you develop, enforce, and defend your IP rights.

REPRESENTATIVE EXPERIENCE

Intellectual Property: Trade Secrets and Noncompete Agreements

Successful Defense of Lanham Act Suit

Preparation of U.S. Patent Application for Homeland Security Software

Successful Defense of Alleged Patent Infringers

Successfully Upheld Small New Business's Trademark Registration

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Peer Reviews

4.7/5.0 (225 reviews)
  • Legal Knowledge

    4.7/5.0
  • Analytical Capability

    4.7/5.0
  • Judgment

    4.7/5.0
  • Communication

    4.7/5.0
  • Legal Experience

    4.7/5.0
  • 5.0/5.0 Review for Michael Oliva by a Partner on 07/27/14 in Administrative Agency Practice

    I've known Mike for almost 40 years. He's a first-rate lawyer and a first-rate individual.

  • 5.0/5.0 Review for Michael Oliva by a Sole Practitioner on 07/19/14 in Business Law

    An absolutely excellent attorney.

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