McGuireWoods LLP
INTELLECTUAL PROPERTY
In a business environment marked by rapid technological development and an increasingly global marketplace, patents, copyrights, trademarks and trade secrets can be critical assets of a productive and competitive business enterprise, whatever the size.
The development and protection of commercially valuable ideas and information require targeted legal assistance – assistance McGuireWoods can provide. Well-established and still expanding, our intellectual property practice marries the talents of corporate and litigation attorneys, each of whom regularly handles intellectual property matters. Through this combined approach, we strive to ensure that our clients, whether a large company or an individual entrepreneur, derive maximum return from their creative, technological and business endeavors.
Trademark, Trade Dress and Unfair Competition
McGuireWoods’ trademark practitioners combine business savvy with legal acumen to create realistic, workable solutions for our clients’ trademark needs. From the moment a client conceives of a new trademark or trade dress, McGuireWoods stands ready to help, providing preclearance and preregistration assistance. We prosecute state and federal applications, and can assist in securing registration worldwide. Through maintenance filings for registered marks and watching services, we help protect the goodwill our clients have created in their marks. We assist clients in trademark licensing and assignments, and offer a variety of strategies when disputes arise, from alternative dispute resolution, to proceedings before the Trademark Trial and Appeal Board, to infringement and dilution litigation in state and federal courts.
Patent
McGuireWoods’ patent practice is composed of skilled patent attorneys and other professionals who provide a full range of legal services in the patent field, including patent prosecution, counseling and litigation in an array of diverse industries such as automotive, biomedical, biotechnology, chemical, computer, construction, consumer and juvenile products, e-commerce, electronics, heavy machinery, medical devices, nanotechnology, plastics, pollution control, semiconductor, software and telecommunications. Our patent professionals have prior technical experience in the industry, with the U.S. Patent and Trademark Office, and/or have advanced scientific degrees which enable us to efficiently handle patent matters in virtually any technology. See a detailed description of our patent practice.
Litigation
Our intellectual property litigators team with our transactional lawyers to protect our clients' interests before the Board of Patent Appeals, the Trademark Trial and Appeal Board and in state and federal courts. We represent large, medium and small companies, as well as individual entrepreneurs. Our clients include retailers, manufacturers, advertisers, financial institutions, computer software developers and other high tech companies. The intellectual property matters we litigate include:
* Copyright
* Licensing
* Patent
* Trade Secrets
* Trademark, Trade Dress and Unfair Competition
* Copyrights
Our services cater to our clients’ creative impulses. In the area of copyright law, McGuireWoods lawyers have obtained copyright registrations for such diverse works as computer software, books, architectural works, trade materials, brochures, newsletters and original works of art. We assist clients embroiled in ownership disputes, and offer advice on a variety of registration issues, including notice and deposit requirements. We counsel clients on media rights, copyright licenses and transfers and other specialized agreements. We also offer individualized strategies for dispute resolution, including, when necessary, infringement litigation.
Advertising
McGuireWoods advises nationally-recognized retailers, manufacturers and advertising agencies on a full range of intellectual property issues, including deceptive and/or misleading advertising, compliance with state and federal regulations; issues relating to the use and distribution of catalogues, flyers and other advertising materials; warranties, disclaimers, owners’ manuals and other product notices; preparation of customized purchasing forms; and promotion and advertising campaigns featuring public figures, such as athletes and celebrities.
High Technology Development and Protection
In the area of computer hardware and software development, we routinely represent licensors, licensees and joint owners in a variety of computer-related issues, including business deals, e-commerce solutions and litigation matters. We offer copyright advice for computer software and assist clients in the development and licensing of custom software. Our lawyers provide solutions for wide-ranging client needs, including "canned" software license and maintenance agreements, technology and trade secret disclosure agreements, original equipment manufacturer agreements, integrated hardware/software purchase and license contracts, software distribution agreements, and source code agreements, as well as noncompete and nonsolicitation agreements. Our clients come to us seeking advice on hardware sales, purchases and/or maintenance, and inquire about know-how licensing and joint development ventures. In addition, our intellectual property lawyers advise clients about their rights under federal acquisition regulations governing technical data.
Website Auditing
In the race to keep up with the fast-developing electronic marketplace, many companies have established websites on the World Wide Web without much, if any, legal review of the sites’ content. The content of websites can raise a myriad of legal issues, and yet there is a widespread misconception that federal and state laws and regulations relating to trademarks, copyrights, privacy, sales, and other types of commercial activity do not apply to the Internet. In fact, as companies rush to establish a presence on the Web, the Federal Trade Commission and other regulatory agencies are fast making electronic commerce a top enforcement priority. Similarly, trademark and copyright owners are policing the Web for unauthorized uses of their intellectual property, as users who were once geographically remote are now side-by-side on the Internet.
Common mistakes by web-operators include offering goods for sale without regard to FTC regulations, downloading, copying and displaying artwork on web pages without first obtaining an assignment of the copyright or a license to use such work, and offering links to other sites without clear disclaimers of the content of such sites. Privacy policies are often drafted by web designers who simply copy language from well-known sites; a practice that both violates copyright law and typically fails to accurately reflect what, if any, privacy-related procedures are actually in place. Sweepstakes and other contests are promoted on the web without regard to various state laws requiring contest registration if residents of that state may participate. Companies include information for current and prospective employees without regard to federal labor laws. The list of issues is endless, and in many cases criminal liability (including jail-time for responsible corporate officers), as well as civil liability, is at stake.
In addition to issues relating to website content, operation of an interactive website can subject a company to the jurisdiction of courts that are geographically remote from the company. Many companies are unaware that their Internet business practices (and, in some cases, ineffective legal "terms" on their websites) could subject them to the laws and the courts of states where their only presence is an electronic one.
To assist our clients in proactively evaluating the content of their websites for potential sources of civil and criminal liability, compliance with applicable federal laws, and inclusion of appropriate legal terms and conditions, McGuireWoods is now offering customized website auditing services. A team of attorneys with expertise appropriate to the client's industry evaluates the content of the website, identifying specific content problems, suggesting the text and location of disclaimers and other legal notices, and evaluating other potential sources of liability.
Clients
McGuireWoods’ intellectual property clients include retailers, merchandisers, real estate developers, manufacturers, financial institutions, health care providers, insurance companies, telecommunications providers, importers, computer software developers, computer hardware retailers, advertising agencies, artists, and restaurants.
Lawyers
McGuireWoods intellectual property lawyers have been at the forefront of legal developments in the intellectual property area, have published and lectured on intellectual property topics, and serve as active members in local, state, national and international intellectual property associations. We look forward to putting our expertise to work for you.
McGuireWoods LLP
1 James Center
901 E Cary St
Richmond VA 23219-4030
Tel: 804 775-1000
Fax: 804 775-1061
At McGuireWoods, we deliver quality work, personalized service and exceptional value. We use technology to provide efficient legal solutions and employ a diverse workforce to bring real-world and innovative perspectives to meet our clients’ needs.
With approximately 900 lawyers and 19 strategically located offices worldwide, McGuireWoods uses client-focused teams to serve public, private, government and nonprofit clients from many industries including automotive, energy resources, health care, technology and transportation.
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